I 112th CONGRESS 1st Session H. R. 1894 IN THE HOUSE OF REPRESENTATIVES May 13, 2011 Mr. Gowdy (for himself, Mr. Mulvaney, Mr. Scott of South Carolina, Mr. Graves of Georgia, Mr. West, Mr. Chaffetz, Mr. Griffin of Arkansas, and Mrs. Adams) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to clarify the right of an accused to plead guilty in a trial by a military commission for a capital offense.

1.

Short title

This Act may be cited as the Military Commissions Guilty Plea Adjustment Act.

2.

Clarification of right to plead guilty in a trial for a capital offense by a military commission

(a)

Clarification of Right

Section 949m(b)(2) of title 10, United States Code, is amended— (1)in subparagraph (C), by inserting before the semicolon the following: , or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title; and (2)in subparagraph (D), by inserting on the sentence after vote was taken. (b)

Pre-Trial Agreements

Section 949i of such title is amended by adding at the end the following new subsection: (c)

Pre-Trial agreements

(1)A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective. (2)A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title. .