Page:United States Statutes at Large Volume 100 Part 5.djvu/432

 100 STAT. 3906

10 USC 852.

PUBLIC LAW 99-661—NOV. 14, 1986

"(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence. "(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge, or the president of a court-martial without a military judge, shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused— "(1) guilty; "(2) not guilty; or '"(3) not guilty only by reason of lack of mental responsibility. "(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused— "(Dguilty; "(2) not guilty; or "(3) not guilty only by reason of lack of mental responsibility. "(e) Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if— "(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or "(2) in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.". (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 850 (article 50) the following new item: "850a. 50a. Defense of lack of mental responsibility.".

10 USC 850a "ote.

(b) EFFECTIVE DATE.—Section 850a of title 10, United States Code, as added by subsection (a)(1), shall apply only to offenses committed on or after the date of the enactment of this Act. SEC. 803. APPLICATION FOR ENLISTED MEMBERS TO SERVE ON COURTMARTIAL (a) IN GENERAL.—Section 825(c)(1) (article 25(c)(1)) is amended by striking out "has requested in writing" and inserting in lieu thereof "has requested orally on the record or in writing". 10 USC 825 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply only to a case in which arraignment is completed on or after the effective date of this title. SEC. 804. COURT-MARTIAL JURISDICTION OVER RESERVE MEMBERS (a) JURISDICTION OVER RESERVE MEMBERS UNDER CERTAIN CIR-

CUMSTANCES.—(1) Paragraph (3) of section 802(a) (article 2(a)) is amended to read as follows: "(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.". (2) Section 802 (article 2) is further amended by adding at the end the following new subsection: K

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