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H.R. 3044

BillFederalHouseIn Committee
Military Commissions Act of 2005
About This Bill
Committee
Latest Action · July 26, 2005
Referred to the Subcommittee on Military Personnel.
Congress
109th (2005–2007)
Introduced
June 23, 2005
Cosponsors (4)
4D 0R
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Summary

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Military Commissions Act of 2005 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of international terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members. States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial. Requires members of a military commission to deliberate and vote in closed conference. Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections. Outlines procedures for, and courts of, appeal.

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