[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 538

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2013

Mrs. McCaskill introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF 
              CONVENING AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS 
              AND SENTENCES OF COURTS-MARTIAL.

    (a) 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: ``In taking 
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.''.
    (b) Prohibition on Dismissal of Finding or Change to Finding of 
Guilty of Lesser Included Offense.--Such section (such article) is 
further amended--
            (1) in paragraph (3), by striking the second sentence; and
            (2) by adding at the end the following new paragraph:
    ``(4) If a convening authority or other person acts on the findings 
of a court-martial, the convening authority or other person may not--
            ``(A) dismiss any charge or specification by setting aside 
        a finding of guilty thereto; or
            ``(B) 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.''.
    (c) Effective Date.--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 under section 860 of title 10, United States Code 
(article 60 of the Uniform Code of Military Justice), as so amended, on 
or after that date.
                                 <all>