Page:United States Statutes at Large Volume 82.djvu/1377

This page needs to be proofread.
[82 STAT. 1335]
[82 STAT. 1335]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT. ]

PUBLIC LAW 90-632-OCT. 24, 1968

1335

SEC, 5. The second sentence of section 1677(b) of title 38, United ^^ ^'^'- ^^sStates Code, is amended to read as follows: "Such allowance shall be paid monthly upon receipt of a certification from the eligible A'eteran and the institution as to the actual flight training received by, and the cost thereof to, the veteran during such month." SEC. 6. (a) The amendments made by the first section and sections Effective date. 2, 3, and 5 of this Act shall take effect on the first day of the second ^"'^' P- '33I, calendar month which begins after the date of the enactment of this ^^^^' ^^^^ Act. (b) The amendments made by section 4 of this Act shall apply ^"^^' P- '334. with respect to contracts and agreements entered into under section 1774 of title 38, United States Code, effective for periods beginning after June 30, 1968. Approved October 23, 1968.

Public Law 90-632 AN ACT

To increase the participation of military judges and counsel on courts-martial, and for other purposes.

October 24, 1968

[H.R. I597I] ^ "'

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Military justice cited as the "Military Justice Act of 1968". "'° ^^^• SEC. 2. Chapter 47 (Uniform Code of Military Justice) of title 10, United States Code, is amended as follows: (1) Section 801 (10) (article 1 (10)) is amended to read as folloAVs: ^OA Stat. 37. "(10) 'Military judge' means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).". (2) Section 806(c) is amended by striking out "law officer" and inserting in lieu thereof "military judge". (3) Section 816 (article 16) is amended to read as follows: "§ 816. Art. 16. Courts-martial classified "The three kinds of courts-martial in each of the armed forces are— "(1) general courts-martial, consisting of— " (A) a militar}^ judge and not less than five members; or " (B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves; "(2) special courts-martial, consisting of— " (A) not less than three members; or " (B) a military judge and not less than three members; or " (C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and "(3) summary courts-martial, consisting of one commissioned officer." (4) Section 818 (article 18) is amended by adding the following .sentence at the end thereof: "However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case." (5) Section 819 (article 19) is amended by striking out the last sentence and inserting the following sentence in place thereof: "A bad-

96-600 O - 69 - 87