Page:United States Statutes at Large Volume 110 Part 1.djvu/488

 110 STAT. 464 PUBLIC LAW 104-106—FEB. 10, 1996 "§ 857a. Art. 57a. Deferment of sentences"; (2) by redesignating the succeeding two subsections as subsection (a) and (b); (3) in subsection (b), as redesignated by paragraph (2), by striking out "postpone" and inserting in Heu thereof "defer"; and (4) by inserting after subsection (b), as redesignated by paragraph (2), the following: "(c) In any case in which a court-martial sentences a person to confinement and the sentence to confinement has been ordered executed, but in which review of the case under section 867(a)(2) of this title (article 67(a)(2)) is pending, the Secretary concerned may defer further service of the sentence to confinement while that review is pending.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 857 (article 57) the following new item: "857a. 57a. Deferment of sentences.". Subtitle C—Pretrial and Post-Trial Actions SEC. 1131. ARTICLE 32 INVESTIGATIONS. Section 832 (article 32) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): "(d) If evidence adduced in an investigation under this article indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused— "(1) is present at the investigation; "(2) is informed of the nature of each uncharged offense investigated; and "(3) is afforded the opportunities for representation, crossexamination, and presentation prescribed in subsection (b).". SEC. 1132. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR CONSIDERATION. Section 860(b)(1) (article 60(b)(1)) is amended by inserting after the first sentence the following: "Any such submission shall be in writing.". SEC. 1133. COMMITMENT OF ACCUSED TO TREATMENT FACILITY BY REASON OF LACK OF MENTAL CAPACITY OR MENTAL RESPONSIBILITY. (a) APPLICABLE PROCEDURES.— (1) Subchapter IX is amended by inserting after section 876a (article 76a) the following: "§ 876b. Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment "(a) PERSONS INCOMPETENT TO STAND TRLU.. — (1) In the case of a person determined under this chapter to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand

�