Page:United States Statutes at Large Volume 97.djvu/1435

 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1403 law or if reassessment of the sentence is appropriate, the Judge Advocate General may modify or set aside the findings or sentence or both. If the Judge Advocate General so directs, the record shall be reviewed by a Court of Military Review under section 866 of this title (article 66), but in that event there may be no further review by the Court of Military Appeals except under section 867(b)(2) of this title (article 67(b)(2)). "(b) The findings or sentence, or both, in a court-martial case not reviewed under subsection (a) or under section 866 of this title (article 66) may be modified or set aside, in whole or in part, by the Judge Advocate General on the ground of newly discovered evi- dence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence. If such a case is considered upon application of the accused, the application must be filed in the office of the Judge Advocate General by the accused on or before the last day of the two-year period beginning on the date the sentence is approved under section 860(c) of this title (article 60(c)), unless the ^"'^^ P-1395. accused establishes good cause for failure to file within that time. "(c) If the Judge Advocate General sets aside the findings or Rehearing, sentence, he may, except when the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed. If the Judge Advocate General orders a rehearing but the convening authority finds a rehearing impractical, the convening authority shall dismiss the charges.". (2) The two-year period specified under the second sentence of 10 USC 869 note. section 869(b) (article 69(b)) of title 10, United States Code, as amended by paragraph (1), does not apply to any application filed in the office of the appropriate Judge Advocate General (as defined in section 801(1) of such title) on or before October 1, 1983. The application in such a case shall be considered in the same manner and with the same effect as if such two-year period had not been enacted. INCLUSION OF CONTROLLED SUBSTANCES IN PUNITIVE ARTICLES SEC. 8. (a) Subchapter X is amended by inserting after section 912 (article 112) the following new section (article): "§912a. Art. 112a. Wrongful use, possession, etc., of controlled 10 USC 9l2a. substances "(a) Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs terri- tory of the United States, exports from the United States, or intro- duces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct. "(b) The substances referred to in subsection (a) are the following: "(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance. "(2) Any substance not specified in clause (1) that is listed on a schedule of controlled substances prescribed by the President for the purposes of this article.

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