§ 29:153a — Article 53a. Plea agreements

§153a. Article 53a. Plea agreements
A.(1) At any time before the announcement of findings under Article 53 of this
Code, the convening authority and the accused may enter into a plea agreement with respect
to such matters as:
(a) The manner in which the convening authority will depose of one or more charges
and specifications; and
(b) Limitations on the sentence that may be adjudged for one or more charges and
specifications.
(2) The military judge of a general or special court-martial may not participate in
discussions between the parties concerning prospective terms and conditions of a plea
agreement.
B. The military judge of a general or special court-martial shall reject a plea
agreement that:
(1) Contains a provision that has not been accepted by both parties;
(2) Contains a provision that is not understood by the accused;
(3) Is prohibited by law; or
(4) Is contrary to, or is inconsistent with, rules promulgated by Article 36 of this
Code with respect to terms, conditions, or other aspects of plea agreements.
C. Upon acceptance by the military judge of a general or special court-martial, a plea
agreement shall bind the parties and the court-martial.

Legislative History

Acts 2019, No. 373, §1.