Us Code § 852 - Art. 52. Votes required for conviction, sentencing, and other matters
Full text of Us Code United States Code § 852 — Art. 52. Votes required for conviction, sentencing, and other matters, with citation guidance and answers to common questions.
§ 852. Art. 52. Votes required for conviction, sentencing, and other matters
(a)
(1) after a plea of guilty under section 845(b) of this title (article 45(b));
(2) by a military judge in a court-martial with a military judge alone, under section 816 of this title (article 16); or
(3) in a court-martial with members under section 816 of this title (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken.
(b)
(1)
(2)
(Aug. 10, 1956, ch. 1041, 70A Stat. 55; Pub. L. 90–632, §2(22), Oct. 24, 1968, 82 Stat. 1340; Pub. L. 114–328, div. E, title LVII, §5235, Dec. 23, 2016, 130 Stat. 2916.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 852(a) 852(b) |
50:627(a). 50:627(b) |
May 5, 1950, ch. 169, §1 (Art. 52), 64 Stat. 125. |
| 852(c) | 50:627(c). |
In subsections (a) and (b), the word "may" is substituted for the word "shall".
In subsection (b)(2), the words "for more than" are substituted for the words "in excess of".
In subsection (c), the word "disqualifies" is substituted for the words "shall disqualify". The word "is" is substituted for the words "shall be" in the last two sentences.
Editorial Notes
Amendments
2016—Pub. L. 114–328 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to number of votes required for conviction of an offense for which the death penalty is mandatory, sentences, and all other questions, respectively.
1968—Subsec. (a)(2). Pub. L. 90–632, §2(22)(A), inserted reference to the exception provided in section 845(b) of this title (article 45(b)).
Subsec. (c). Pub. L. 90–632, §2(22)(B), provided that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by a vote of less than a majority vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
About This Section
10 U.S.C. § 852 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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