1 AMENDMENT TO S.

1520

3Amend the Military Justice Improvement and Increasing

4Prevention Act of 2021 by inserting, after Section 10,

5new Sections as follows—

6SEC. 11. REQUIREMENT FOR UNANIMOUS

7CONVICTIONS AND SENTENCES BY

8IMPANELED MEMBERS, AND FOR THE

9MAJORITY OF IMPANELED MEMBERS TO

10CONCUR IN A FINDING OF NOT GUILTY ONLY

11BY REASON OF LACK OF MENTAL

12RESPONSIBILITY.

13 (a) CONVICTIONS AND SENTENCES

14ADJUDGED BY IMPANELED MEMBERS ARE

15REQUIRED TO BE UNANIMOUS.—Section 852 of

16title 10, United States Code (article 52 of the Uniform

17Code of military Justice), is amended as follows—

18 (1) in subsection (a)(3), by striking the

19words, “the concurrence of at least three-fourths of the

20members present when the vote is taken”, and

21substituting therefore the words, “the unanimous

22concurrence of all the members impaneled under section

23829 of this title (article 29)”; and

24 (2) by changing subsection (b)(2) to read as

25follows—“Sentencing.—All sentences by a court-martial

26with members under section 816 of this title (article 16)

27shall be determined by the unanimous concurrence of all

28the members impaneled under section 829 of this title

29(article 29). A sentence of death requires both (A) a

30unanimous finding by the impaneled members that the

31accused is guilty of an offense in this chapter that is

32expressly made punishable by death and (B) a unanimous

33determination by the impaneled members that the

34sentence for that offense shall include death.”

35 (b) A FINDING OF NOT GUILTY ONLY BY

36REASON OF LACK OF MENTAL RESPONSIBILITY

37THAT IS ADJUDGED BY MEMBERS REQUIRES

38THE CONCURRENCE OF A MAJORITY OF THE

39IMPANELED MEMBERS.—
40 Section 850a of title 10, United States Code

41(article 50a of the Uniform Code of military Justice), is

42amended as follows—in subsection (e)(1), striking the

43words, “present at the time the vote is taken”, and

44substituting therefore the words, “impaneled under

45section 829 of this title (article 29)”.

46SEC. 12. ELIMINATION OF PREFERENCE FOR

47MEMBERS WHO ARE COMMISSIONED

48OFFICERS AND SUPERIOR IN RANK OR GRADE

49TO THE ACCUSED.

50 Section 825 of title 10, United States Code (article

5125 of the Uniform Code of military Justice), is amended

52as follows—

53 (1) by changing subsection (a) to read as follows

54—“All commissioned officers, warrant officers, and

55enlisted members on active duty are eligible to serve on

56all courts-martial for the trial of any person who may

57lawfully be brought before such courts for trial.”

58 (2) by deleting subsections (b) and (c), including

59deleting all subparagraphs to subsection (c).

60 (3) by redesignating subsection (d) as subsection

61(b).

62 (4) by redesignating subsection (e) as subsection

63(c), and by deleting subparagraph (1) of that subsection,

64and by redesignating subparagraphs (2) and (3) of that

65subsection as subparagraphs (1) and (2), respectively.

66 (5) by redesignating subsection (f) as subsection

67(d).