Page:United States Statutes at Large Volume 100 Part 5.djvu/434

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3908

PUBLIC LAW 99-661—NOV. 14, 1986

"(b) The text of the Uniform Code of Military Justice and of the regulations prescribed by the President under such Code shall be made available to a member on active duty or to a member of a reserve component, upon request by the member, for the member's personal examination.". 10 USC 802 note. (e) EFFECTIVE DATE,—The amendments made by subsections (a) and (b) shall apply only to an offense committed on or after the effective date of this title. SEC. 805. STATUTE OF LIMITATIONS

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(a) REVISION OF STATUTES OF LIMITATION.—Subsections (a), (b), and

(c) of section 843 (article 43) are amended to read as follows: "(a) A person charged with absence without leave or missing movement in time of war, or with any offense punishable by death, may be tried and punished at any time without limitation. "(b)(1) Except as otherwise provided in this section (article), a person charged with an offense is not liable to be tried by courtmartial if the offense was committed more than five years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. "(2) A person charged with an offense is not liable to be punished under section 815 of this title (article 15) if the offense was committed more than two years before the imposition of punishment. "(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this section (article).". (b) TIME FOR REINSTATEMENT OF CHARGES.—Such section is further

amended by adding at the end the following new subsection: "(g)(1) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations— "(A) has expired; or "(B) will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met. "(2) The conditions referred to in paragraph (1) are that the new charges and specifications must— "(A) be received by an officer exercising summary courtmartial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and "(B) allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications)." 10 USC 843 note. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to an offense committed on or after the date of the enactment of this Act. SEC. 806. TIME FOR DEFENSE POST-TRIAL SUBMISSIONS (a) SIMPLIFICATION OF TIME FOR SUBMISSION.—Subsection (b) of

section 860 (article 60) is amended— (1) by striking out paragraph (3); (2) by redesignating paragraph (2) as paragraph (3) and inserting a comma in that paragraph after "case"; and (3) by striking out paragraph (1) and inserting in lieu thereof the following: