[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4231 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4231

 To amend chapter 47 of title 10, United States Code (the Uniform Code 
 of Military Justice), to clarify and reaffirm the intent of Congress 
 regarding the court-martial sentence of confinement for life without 
                        eligibility for parole.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2000

  Mr. Bryant introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 47 of title 10, United States Code (the Uniform Code 
 of Military Justice), to clarify and reaffirm the intent of Congress 
 regarding the court-martial sentence of confinement for life without 
                        eligibility for parole.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION AND REAFFIRMATION OF THE INTENT OF CONGRESS 
              REGARDING THE COURT-MARTIAL SENTENCE OF CONFINEMENT FOR 
              LIFE WITHOUT ELIGIBILITY FOR PAROLE

    (a) Clarification of Effect of Sentence.--(1) Section 856a(b) of 
title 10, United States Code (article 56a of the Uniform Code of 
Military Justice), is amended--
            (1) by striking ``unless--'' and inserting ``unless the 
        sentence (or a portion of the sentence including that part of 
        the sentence providing for confinement for life without 
        eligibility for parole)--'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) is set aside or otherwise modified as a result of--
                    ``(A) action taken under section 860 of this title 
                (article 60) by the convening authority or another 
                person authorized to act under that section; or
                    ``(B) any other action taken during post-trial 
                procedure and review under any other provision of 
                subchapter IX;'';
            (3) in paragraph (2), by striking ``the sentence''; and
            (4) by striking paragraph (3) and inserting the following:
            ``(3) a reprieve or pardon by the President.''.
    (b) Officers Sentenced to Dismissal.--Subsection (b) of section 871 
of such title (article 71) is amended by inserting after the second 
sentence the following new sentence: ``However, if the sentence extends 
to confinement for life without eligibility for parole, that part of 
the sentence providing for confinement for life without eligibility for 
parole may not be commuted, remitted, or suspended.''.
    (c) Action by Convening Authority After Sentence Ordered 
Executed.--Subsection (d) of that section is amended by adding at the 
end the following new sentence: ``In the case of a sentence that 
extends to confinement for life without eligibility for parole, that 
part of the sentence extending to confinement for life without 
eligibility for parole may not be suspended after it is ordered 
executed.''.
    (d) Secretarial Authority To Remit or Suspend Sentence.--Section 
874(a) of such title (article 74(a)) is amended by inserting before the 
period at the end the following: ``or, in the case of a sentence that 
extends to confinement for life without eligibility for parole, that 
part of the sentence that extends to confinement for life without 
eligibility for parole''.
    (e) Parole.--Section 952 of that title is amended by adding at the 
end the following new subsection:
    ``(c) Parole may not be granted for an offender serving a sentence 
of confinement for life without eligibility for parole.''.
    (f) Remission or Suspension of Sentence.--Section 953 of such title 
is amended by inserting in paragraph (1) after ``selected offenders'' 
the following: ``other than offenders serving a sentence of confinement 
for life without eligibility for parole''.
                                 <all>