Amends the Uniform Code of Military Justice to authorize a court-martial to adjudge a sentence of confinement for life without eligibility for parole.
Permits only the President to grant parole on appeal where parole has been denied to an offender serving a life sentence.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 517 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 517
To amend title 10, United States Code, to establish a sentence under
the Uniform Code of Military Justice of confinement for life without
eligibility for parole and to provide that a decision to deny parole
for a military offender serving a sentence of confinement for life may
be appealed only to the President.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 1997
Mr. Bryant introduced the following bill; which was referred to the
Committee on National Security
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish a sentence under
the Uniform Code of Military Justice of confinement for life without
eligibility for parole and to provide that a decision to deny parole
for a military offender serving a sentence of confinement for life may
be appealed only to the President.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF SENTENCE OF CONFINEMENT FOR LIFE WITHOUT
ELIGIBILITY FOR PAROLE.
(a) Establishment of Sentence.--(1) Chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 856 (article 56) the following new section
(article):
``Sec. 856a. Art. 56a. Sentence of confinement for life without
eligibility for parole
``(a) For any offense for which a sentence of confinement for life
may be adjudged, a court-martial may adjudge a sentence of confinement
for life without eligibility for parole.
``(b) An accused who is sentenced to confinement for life without
eligibility for parole shall serve the sentence of confinement as
adjudged unless--
``(1) the sentence is set aside or otherwise modified as a
result of action taken by a Court of Criminal Appeals, the
Court of Appeals for the Armed Forces, or the Supreme Court; or
``(2) the accused is pardoned.''.
(2) The table of sections at the beginning of subchapter VIII of
such chapter is amended by inserting after the item relating to section
856 (article 56) the following new item:
``856a. 56a. Sentence of confinement for life without eligibility for
parole.''.
(b) Effective Date.--Section 856a of title 10, United States Code
(article 56a of the Uniform Code of Military Justice), as added by
subsection (a), shall apply with respect to any offense for which a
sentence is adjudged by a court-martial after the date of the enactment
of this Act.
SEC. 2. APPEAL OF DENIAL OF PAROLE FOR OFFENDERS SERVING LIFE SENTENCE.
(a) Exclusive Authority of President To Grant Parole on Appeal of
Denial.--Section 952 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) In a case in which parole for an offender serving a sentence
of confinement for life is denied, only the President may grant the
offender parole on appeal of that denial. The authority to grant parole
on appeal in such a case may not be delegated.''.
(b) Effective Date.--This section shall apply with respect to any
decision to deny parole made after the date of the enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on National Security.
Referred to the Subcommittee on Military Personnel.
Executive Comment Requested from DOD.
See H.R.1119.
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