Amendment of Section
Pub. L. 114–328, div. E, title LIX, § 5325, title LXIII, § 5542,
Dec. 23, 2016
,
130 Stat. 2928, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, this section is amended to read as follows:
§ 861. Art. 61. Waiver of right to appeal; withdrawal of appeal
(a)
Waiver of Right to Appeal.—After entry of judgment in a general or special court-martial, under procedures prescribed by the Secretary concerned, the accused may waive the right to appellate review in each case subject to such review under
section 866 of this title (article 66). Such a waiver shall be—
(1) signed by the accused and by defense counsel; and
(2) attached to the record of trial.
(b) Withdrawal of Appeal.—In a general or special court-martial, the accused may withdraw an appeal at any time.
(c) Death Penalty Case Exception.—Notwithstanding subsections (a) and (b), an accused may not waive the right to appeal or withdraw an appeal with respect to a judgment that includes a sentence of death.
(d)
Waiver or Withdrawal as Bar.—A waiver or withdrawal under this section bars review under
section 866 of this title (article 66).
See 2016 Amendment note below.
Amendments
2016—
Pub. L. 114–328 amended section generally. Prior to amendment, section related to waiver or withdrawal of appeal.
1983—Pub. L. 98–209 amended section generally, substituting “Waiver or withdrawal of appeal” for “Same—General court-martial records” as section catchline, and, in text, substituting provisions relating to waiver or withdrawal of appeal for provisions relating to initial action by the convening authority on general court-martial records.
Effective Date of 2016 Amendment
Amendment by
Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, see
section 5542 of Pub. L. 114–328, set out as a note under
section 801 of this title.
Effective Date of 1983 Amendment
Amendment by
Pub. L. 98–209 effective first day of eighth calendar month beginning after
Dec. 6, 1983
, but not to apply to any case in which the findings and sentence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of
Pub. L. 98–209, set out as a note under
section 801 of this title.