dreamproit/uscode huggingface dataset:
18 U.S.C. § 3001 (CRIMES AND CRIMINAL PROCEDURE)
§ 3001. Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms—(Rule)
See Federal Rules of Criminal Procedure
Scope, rule 1.
Purpose and construction, rule 2.
Proceedings to which rules apply, rules 54 and 59.
Definition, rule 54(c).
Rules of District Courts and Circuit Courts of Appeal, rule 57.
Forms, rule 58.
Effective date, rule 59.
Citation of rule, rule 60.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 U.S.C. § 3005 (CRIMES AND CRIMINAL PROCEDURE)
§ 3005. Counsel and witnesses in capital cases
Whoever is indicted for treason or other capital crime shall be allowed to make his full defense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosecution.
(June 25, 1948, ch. 645, 62 Stat. 814; Pub. L. 103–322, title VI, § 60026, Sept. 13, 1994, 108 Stat. 1982.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 563 (R.S. § 1034).
Changes were made in phraseology.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall” for “learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall”.
18 U.S.C. § 3007 (CRIMES AND CRIMINAL PROCEDURE)
§ 3007. Motions—(Rule)
See Federal Rules of Criminal Procedure
Motions substituted for pleas in abatement and special pleas in bar, rule 12.
Form and contents, rule 47.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 U.S.C. § 3009 (CRIMES AND CRIMINAL PROCEDURE)
§ 3009. Records—(Rule)
See Federal Rules of Criminal Procedure
Keeping of records by district court clerks and magistrate judges, rule 55.
(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrates” for “commissioners”.
heading: Change of Name
text: Words “magistrate judges” substituted for “magistrates” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3012 (CRIMES AND CRIMINAL PROCEDURE)
[§ 3012. Repealed. Pub. L. 98–473, title II, § 218(a)(2), Oct. 12, 1984, 98 Stat. 2027]
text: Section, act June 25, 1948, ch. 645, 62 Stat. 815, related to orders respecting prisoners or persons in custody.
heading: Effective Date of Repeal
text: Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
18 U.S.C. § 3013 (CRIMES AND CRIMINAL PROCEDURE)
§ 3013. Special assessment on convicted persons
(a) The court shall assess on any person convicted of an offense against the United States—
(1) in the case of an infraction or a misdemeanor—
(A) if the defendant is an individual—
(i) the amount of $5 in the case of an infraction or a class C misdemeanor;
(ii) the amount of $10 in the case of a class B misdemeanor; and
(iii) the amount of $25 in the case of a class A misdemeanor; and
(B) if the defendant is a person other than an individual—
(i) the amount of $25 in the case of an infraction or a class C misdemeanor;
(ii) the amount of $50 in the case of a class B misdemeanor; and
(iii) the amount of $125 in the case of a class A misdemeanor;
(2) in the case of a felony—
(A) the amount of $100 if the defendant is an individual; and
(B) the amount of $400 if the defendant is a person other than an individual.
(b) Such amount so assessed shall be collected in the manner that fines are collected in criminal cases.
(c) The obligation to pay an assessment ceases five years after the date of the judgment. This subsection shall apply to all assessments irrespective of the date of imposition.
(d) For the purposes of this section, an offense under section 13 of this title is an offense against the United States.
(Added Pub. L. 98–473, title II, § 1405(a), Oct. 12, 1984, 98 Stat. 2174; amended Pub. L. 100–185, § 3, Dec. 11, 1987, 101 Stat. 1279; Pub. L. 100–690, title VII, §§ 7082(b), 7085, Nov. 18, 1988, 102 Stat. 4407, 4408; Pub. L. 101–647, title XXXV, § 3569, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 104–132, title II, § 210, Apr. 24, 1996, 110 Stat. 1240; Pub. L. 104–294, title VI, § 601(r)(4), Oct. 11, 1996, 110 Stat. 3502.)
heading: Amendments
text: 1996—Subsec. (a)(2). Pub. L. 104–294 struck out “not less than” before “$100” in subpar. (A) and before “$400” in subpar. (B).
Pub. L. 104–132 substituted “not less than $100” for “$50” in subpar. (A) and “not less than $400” for “$200” in subpar. (B).
1990—Subsec. (a)(1)(B). Pub. L. 101–647 substituted “an infraction” for “a infraction” in cl. (i) and a semicolon for a period at end of cl. (iii).
1988—Subsec. (a)(1). Pub. L. 100–690, § 7085, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “in the case of a misdemeanor—
“(A) the amount of $25 if the defendant is an individual; and
“(B) the amount of $100 if the defendant is a person other than an individual; and”.
Subsec. (c). Pub. L. 100–690, § 7082(b), inserted at end “This subsection shall apply to all assessments irrespective of the date of imposition.”
1987—Subsecs. (c), (d). Pub. L. 100–185 added subsecs. (c) and (d).
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.
heading: Effective Date
text: Section effective 30 days after Oct. 12, 1984, see section 1409(a) of Pub. L. 98–473, set out as a note under section 10601 of Title 42, The Public Health and Welfare.
18 U.S.C. § 3042 (CRIMES AND CRIMINAL PROCEDURE)
§ 3042. Extraterritorial jurisdiction
Section 3041 of this title shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States in any country where it exercises extraterritorial jurisdiction.
Such fugitive first mentioned may, by any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction and agreeably to the usual mode of process against offenders subject to such jurisdiction, be arrested and detained or conditionally released pursuant to section 3142 of this title, as the case may be, pending the issuance of a warrant for his removal, which warrant the principal officer or representative of the United States vested with judicial authority in the country where the fugitive shall be found shall seasonably issue, and the United States marshal or corresponding officer shall execute.
Such marshal or other officer, or the deputies of such marshal or officer, when engaged in executing such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner’s safekeeping and the execution of the warrant.
(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 98–473, title II, § 204(b), Oct. 12, 1984, 98 Stat. 1985.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662b (Mar. 22, 1934, ch. 73, § 1, 48 Stat. 454).
Words “crime or” before “offense” were omitted as unnecessary.
Words “and the Philippine Islands” were deleted in two places as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
Words “its Territories, Districts, or possessions, including the Panama Canal Zone or any other territory governed, occupied, or controlled by it” were omitted as covered by section 5 of this title defining the term “United States”.
Minor changes were made in phraseology.
heading: Amendments
text: 1984—Pub. L. 98–473 substituted “detained or conditionally released pursuant to section 3142 of this title” for “imprisoned or admitted to bail”.
18 U.S.C. § 3043 (CRIMES AND CRIMINAL PROCEDURE)
[§ 3043. Repealed. Pub. L. 98–473, title II, § 204(c), Oct. 12, 1984, 98 Stat. 1986]
text: Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17, 1968, Pub. L. 90–578, title III, § 301(a)(2), 82 Stat. 1115, related to authority of justices, judges, and magistrates to hold to security of the peace and for good behavior. See section 3142 of this title.
18 U.S.C. § 3045 (CRIMES AND CRIMINAL PROCEDURE)
§ 3045. Internal revenue violations
Warrants of arrest for violations of internal revenue laws may be issued by United States magistrate judges upon the complaint of a United States attorney, assistant United States attorney, collector, or deputy collector of internal revenue or revenue agent, or private citizen; but no such warrant of arrest shall be issued upon the complaint of a private citizen unless first approved in writing by a United States attorney.
(June 25, 1948, ch. 645, 62 Stat. 816; Pub. L. 90–578, title III, § 301(a)(2), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 594 (May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).
Minor changes were made in phraseology.
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “United States magistrates” for “United States commissioners”.
heading: Change of Name
text: “United States magistrate judges” substituted for “United States magistrates” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
heading: Abolition of Offices of Collector and Deputy Collector of Internal Revenue
text: Offices of Collector and Deputy Collector of Internal Revenue abolished by Reorg. Plan No. 1 of 1952, § 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government Organization and Employees, and the offices of “district commissioner of internal revenue”, and so many other offices, with titles to be determined by Secretary of the Treasury, were established by section 2(a) of the Plan.
18 U.S.C. § 3046 (CRIMES AND CRIMINAL PROCEDURE)
§ 3046. Warrant or summons—(Rule)
See Federal Rules of Criminal Procedure
Issuance upon complaint, Rule 4.
Issuance upon indictment, Rule 9.
Summons on request of government; form; contents; service; return, Rules 4, 9.
(June 25, 1948, ch. 645, 62 Stat. 816.)
18 U.S.C. § 3047 (CRIMES AND CRIMINAL PROCEDURE)
§ 3047. Multiple warrants unnecessary
When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial. It shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in general terms.
(June 25, 1948, ch. 645, 62 Stat. 816.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 602 (R.S. § 1027).
Minor changes were made in phraseology.
18 U.S.C. § 3048 (CRIMES AND CRIMINAL PROCEDURE)
§ 3048. Commitment to another district; removal—(Rule)
See Federal Rules of Criminal Procedure
Arrest in nearby or distant districts; informative statement by judge or magistrate judge; hearing and removal; warrant; Rule 40.
(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner”.
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
18 U.S.C. § 3049 (CRIMES AND CRIMINAL PROCEDURE)
§ 3049. Warrant for removal
Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal’s return thereon, shall be returned to the clerk of the district to which he is removed.
(June 25, 1948, ch. 645, 62 Stat. 817.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 604 (R.S. § 1029).
18 U.S.C. § 3051 (CRIMES AND CRIMINAL PROCEDURE)
§ 3051. Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives
(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other investigator or officer charged by the Attorney General with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(b) Any special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, in respect to the performance of his or her duties, make seizures of property subject to forfeiture to the United States.
(c)
(1) Except as provided in paragraphs (2) and (3), and except to the extent that such provisions conflict with the provisions of section 983 of title 18, United States Code, insofar as section 983 applies, the provisions of the Customs laws relating to—
(A) the seizure, summary and judicial forfeiture, and condemnation of property;
(B) the disposition of such property;
(C) the remission or mitigation of such forfeiture; and
(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any applicable provision of law enforced or administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or any other person as may be authorized or designated for that purpose by the Attorney General.
(3) Notwithstanding any other provision of law, the disposition of firearms forfeited by reason of a violation of any law of the United States shall be governed by the provisions of section 5872(b) of the Internal Revenue Code of 1986.
(Added Pub. L. 107–296, title XI, § 1113, Nov. 25, 2002, 116 Stat. 2279.)
heading: References in Text
text: Section 5872(b) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3), is classified to section 5872(b) of Title 26, Internal Revenue Code.
heading: Prior Provisions
text: A prior section 3051, act June 25, 1948, ch. 645, § 1, 62 Stat. 817, related to powers of extradition agents, prior to repeal by act Oct. 31, 1951, ch. 655, § 56(f), 65 Stat. 729. Substantially identical provisions are contained in section 3193 of this title.
heading: Effective Date
text: Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.
18 U.S.C. § 3052 (CRIMES AND CRIMINAL PROCEDURE)
§ 3052. Powers of Federal Bureau of Investigation
The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221, § 1, 64 Stat. 1239.)
heading: Historical and Revision Notes
text: Based on section 300a of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees (June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77).
Language relating to seizures under warrant is in section 3107 of this title.
Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5(a) of Federal Rules of Criminal Procedure.
heading: Amendments
text: 1951—Act Jan. 10, 1951, allowed F. B. I. personnel to make arrests without a warrant for any offense against the United States committed in their presence.
heading: Transfer of Functions
text: Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.
18 U.S.C. § 3053 (CRIMES AND CRIMINAL PROCEDURE)
§ 3053. Powers of marshals and deputies
United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645, 62 Stat. 817.)
heading: Historical and Revision Notes
text: Based on section 504a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 15, 1935, ch. 259, § 2, 49 Stat. 378).
Minor changes were made in phraseology.
heading: Transfer of Functions
text: Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.
18 U.S.C. § 3054 (CRIMES AND CRIMINAL PROCEDURE)
[§ 3054. Repealed. Pub. L. 97–79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079]
text: Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91–135, § 7(b), 83 Stat. 281, provided for an officer’s power to act in enforcing sections 42, 43, and 44 of this title relating to animals and birds. See section 3375 of Title 16, Conservation.
18 U.S.C. § 3055 (CRIMES AND CRIMINAL PROCEDURE)
§ 3055. Officers’ powers to suppress Indian liquor traffic
The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance.
(June 25, 1948, ch. 645, 62 Stat. 817.)
heading: Historical and Revision Notes
text: Based on section 250 of title 25, U.S.C., 1940 ed., Indians (Aug. 24, 1912, ch. 388, § 1, 37 Stat. 519).
The only change was to delete the words at the beginning of the section, “The powers conferred by section 504 of title 28 upon marshals and their deputies are conferred upon.” and the addition, at the end of the section, of the phrase expressing such powers beginning with the words “may execute all warrants”.
18 U.S.C. § 3058 (CRIMES AND CRIMINAL PROCEDURE)
§ 3058. Interned belligerent nationals
Whoever, belonging to the armed land or naval forces of a belligerent nation or belligerent faction and being interned in the United States, in accordance with the law of nations, leaves or attempts to leave said jurisdiction, or leaves or attempts to leave the limits of internment without permission from the proper official of the United States in charge, or willfully overstays a leave of absence granted by such official, shall be subject to arrest by any marshal or deputy marshal of the United States, or by the military or naval authorities thereof, and shall be returned to the place of internment and there confined and safely kept for such period of time as the official of the United States in charge shall direct.
(June 25, 1948, ch. 645, 62 Stat. 818; Pub. L. 101–647, title XXXV, § 3571, Nov. 29, 1990, 104 Stat. 4928.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 37 (June 15, 1917, ch. 30, title V, § 7, 40 Stat. 223).
Said section 37 was incorporated in this section and section 756 of this title.
Minor verbal changes were made.
heading: Amendments
text: 1990—Pub. L. 101–647 substituted “belligerent” for “beligerent” before “nation”.