CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION.

SEC. 1030. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION. (a) Clarification of Right.—Section 949m(b)(2) of title 10, United States Code, is amended— (1) in subparagraph (C), by inserting before the semicolon the following: “, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title”; and (2) in subparagraph (D), by inserting “on the sentence” after “vote was taken”. (b) Pre-Trial Agreements.—Section 949i of such title is amended— (1) in the first sentence of subsection (b)— (A) by inserting after “military judge” the following: “, including a charge or specification that has been referred capital,”; (B) by inserting “by the military judge” after “may be entered”; and (C) by inserting “by the members” after “vote”; and (2) by adding at the end the following new subsection: “(c) Pre-Trial Agreements. (1) A plea of guilty made by the accused that is accepted by a military judge under subsection (b) and not withdrawn prior to announcement of the sentence may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction of a sentence of death to a lesser punishment, or that the case will be referred to a military commission under this chapter without seeking the penalty of death. Such an agreement may provide for terms and conditions in addition to a guilty plea by the accused in order to be effective. “(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.” .