IN THE SENATE OF THE UNITED STATES
March 12, 2013
Mrs. McCaskillintroduced the following bill; which was read twice and referred to theCommittee on Armed Services
To amend title 10, United States Code, to modify the authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial.
Modification of authorities and responsibilities of convening authorities in taking actions on the findings and sentences of courts-martial
Inclusion of written justification for certain actions on sentences
Paragraph (2) of section 860(c) of title
10, United States Code(article 60(c) of the Uniform Code of Military Justice),
is amended by adding at the end the following new sentence:
such an action (other than an action to approve a sentence), the convening
authority or other person taking such action shall prepare a written
justification of such action, which written justification shall be made a part
of the record of the court-martial..
Prohibition on dismissal of finding or change to finding of guilty of lesser included offense
Such section (such article) is further amended—
inparagraph (3), by striking the second sentence; and
by adding at the end the following new paragraph:
If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not—
dismiss any charge or specification by setting aside a finding of guilty thereto; or
change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to findings and sentences of courts-martial reported to convening authorities undersection 860 of title 10, United States Code(article 60 of the Uniform Code of Military Justice), as so amended, on or after that date.