dreamproit/uscode huggingface dataset:
18 U.S.C. § 3168 (CRIMES AND CRIMINAL PROCEDURE)
§ 3168. Planning process
(a) Within sixty days after July 1, 1975, each United States district court shall convene a planning group consisting at minimum of the Chief Judge, a United States magistrate judge, if any designated by the Chief Judge, the United States Attorney, the Clerk of the district court, the Federal Public Defender, if any, two private attorneys, one with substantial experience in the defense of criminal cases in the district and one with substantial experience in civil litigation in the district, the Chief United States Probation Officer for the district, and a person skilled in criminal justice research who shall act as reporter for the group. The group shall advise the district court with respect to the formulation of all district plans and shall submit its recommendations to the district court for each of the district plans required by section 3165. The group shall be responsible for the initial formulation of all district plans and of the reports required by this chapter and in aid thereof, it shall be entitled to the planning funds specified in section 3171.
(b) The planning group shall address itself to the need for reforms in the criminal justice system, including but not limited to changes in the grand jury system, the finality of criminal judgments, habeas corpus and collateral attacks, pretrial diversion, pretrial detention, excessive reach of Federal criminal law, simplification and improvement of pretrial and sentencing procedures, and appellate delay.
(c) Members of the planning group with the exception of the reporter shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence and other necessary expenses incurred by them in carrying out the duties of the advisory group in accordance with the provisions of title 5, United States Code, chapter 57. The reporter shall be compensated in accordance with section 3109 of title 5, United States Code, and notwithstanding other provisions of law he may be employed for any period of time during which his services are needed.
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2083; amended Pub. L. 96–43, § 9(d), Aug. 2, 1979, 93 Stat. 330; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Editorial Notes
heading: Amendments
text: 1979—Subsec. (a). Pub. L. 96–43 substituted “two private attorneys, one with substantial experience in the defense of criminal cases in the district and one with substantial experience in civil litigation in the district” for “a private attorney experienced in the defense of criminal cases in the district”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) 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. § 3170 (CRIMES AND CRIMINAL PROCEDURE)
§ 3170. Speedy trial data
(a) To facilitate the planning process, the implementation of the time limits, and continuous and permanent compliance with the objectives of this chapter, the clerk of each district court shall assemble the information and compile the statistics described in sections 3166(b) and 3166(c) of this title. The clerk of each district court shall assemble such information and compile such statistics on such forms and under such regulations as the Administrative Office of the United States Courts shall prescribe with the approval of the Judicial Conference and after consultation with the Attorney General.
(b) The clerk of each district court is authorized to obtain the information required by sections 3166(b) and 3166(c) from all relevant sources including the United States Attorney, Federal Public Defender, private defense counsel appearing in criminal cases in the district, United States district court judges, and the chief Federal Probation Officer for the district. This subsection shall not be construed to require the release of any confidential or privileged information.
(c) The information and statistics compiled by the clerk pursuant to this section shall be made available to the district court, the planning group, the circuit council, and the Administrative Office of the United States Courts.
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2084; amended Pub. L. 96–43, § 9(f), Aug. 2, 1979, 93 Stat. 331; Pub. L. 101–647, title XXXV, § 3579, Nov. 29, 1990, 104 Stat. 4929.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsecs. (a), (b). Pub. L. 101–647 substituted “sections 3166(b) and 3166(c)” for “sections 3166(b) and (c)”.
1979—Subsec. (a). Pub. L. 96–43 inserted “continuous and permanent compliance with the” and substituted “described in” for “required by”.
18 U.S.C. § 3172 (CRIMES AND CRIMINAL PROCEDURE)
§ 3172. Definitions
As used in this chapter—
(1) the terms “judge” or “judicial officer” mean, unless otherwise indicated, any United States magistrate judge, Federal district judge, and
(2) the term “offense” means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).
(Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2085; amended Pub. L. 98–473, title II, § 223(i), Oct. 12, 1984, 98 Stat. 2029; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
heading: Editorial Notes
heading: Amendments
text: 1984—Par. (2). Pub. L. 98–473 substituted “Class B or C misdemeanor or an infraction” for “petty offense as defined in section 1(3) of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in par. (1) 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 1984 Amendment
text: Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, 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. § 3182 (CRIMES AND CRIMINAL PROCEDURE)
§ 3182. Fugitives from State or Territory to State, District, or Territory
Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 104–294, title VI, § 601(f)(9), Oct. 11, 1996, 110 Stat. 3500.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662 (R.S. § 5278).
Last sentence as to costs and expenses to be paid by the demanding authority was incorporated in section 3195 of this title.
Word “District” was inserted twice to make section equally applicable to fugitives found in the District of Columbia.
“Thirty days” was substituted for “six months” since, in view of modern conditions, the smaller time is ample for the demanding authority to act.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–294 inserted comma after “District” in section catchline and in two places in text.
18 U.S.C. § 3183 (CRIMES AND CRIMINAL PROCEDURE)
§ 3183. Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States
Whenever the executive authority of any State, Territory, District, or possession of the United States demands any American citizen or national as a fugitive from justice who has fled to a country in which the United States exercises extraterritorial jurisdiction, and produces a copy of an indictment found or an affidavit made before a magistrate of the demanding jurisdiction, charging the fugitive so demanded with having committed treason, felony, or other offense, certified as authentic by the Governor or chief magistrate of such demanding jurisdiction, or other person authorized to act, the officer or representative of the United States vested with judicial authority to whom the demand has been made shall cause such fugitive to be arrested and secured, and notify the executive authorities making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.
If no such agent shall appear within three months from the time of the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be empowered to transport him to the jurisdiction from which he has fled.
(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 107–273, div. B, title IV, § 4004(d), Nov. 2, 2002, 116 Stat. 1812.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 662c (Mar. 22, 1934, ch. 73, § 2, 48 Stat. 455).
Said section 662c was incorporated in this section and sections 752 and 3195 of this title.
Provision as to costs or expenses to be paid by the demanding authority were incorporated in section 3196 of this title.
Reference to the Philippine Islands was deleted as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946.
The attention of Congress is directed to the probability that this section may be of little, if any, possible use in view of present world conditions.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–273 struck out “or the Panama Canal Zone,” after “possession of the United States” in first par.
18 U.S.C. § 3191 (CRIMES AND CRIMINAL PROCEDURE)
§ 3191. Witnesses for indigent fugitives
On the hearing of any case under a claim of extradition by a foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or magistrate judge hearing the matter may order that such witnesses be subpenaed; and the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; 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: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 656 (Aug. 3, 1882, ch. 378, § 3, 22 Stat. 215).
Words “that similar” after “manner” were omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner”.
heading: Statutory Notes and Related Subsidiaries
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.
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.
18 U.S.C. § 3195 (CRIMES AND CRIMINAL PROCEDURE)
§ 3195. Payment of fees and costs
All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.
All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the expenses of the judiciary or the Department of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for deposit in the Treasury of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; 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: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216; June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455).
First paragraph of this section consolidates provisions as to costs and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was omitted.
Remaining provisions of said sections 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in sections 752, 3182, 3183, and 3187 of this title.
The words “or the Department of Justice as the case may be” were added at the end of the second paragraph in conformity with the appropriation acts of recent years. See for example act July 5, 1946, ch. 541, title II, 60 Stat. 460.
heading: Editorial Notes
heading: Amendments
text: 1968—Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” wherever appearing 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 a 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.
18 U.S.C. § 3233 (CRIMES AND CRIMINAL PROCEDURE)
§ 3233. Transfer within district—(Rule)
(June 25, 1948, ch. 645, 62 Stat. 826.)
heading: See Federal Rules of Criminal Procedure
text: Arraignment, plea, trial, sentence in district of more than one division, Rule 19.
heading: Editorial Notes
heading: References in Text
text: Rule 19 of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
18 U.S.C. § 3238 (CRIMES AND CRIMINAL PROCEDURE)
§ 3238. Offenses not committed in any district
The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.
(June 25, 1948, ch. 645, 62 Stat. 826; Pub. L. 88–27, May 23, 1963, 77 Stat. 48.)
heading: Historical and Revision Notes
text: Based on section 102 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 41, 36 Stat. 1100).
Words “begun or” were inserted to clarify scope of this section and section 3237 of this title.
This section is similar to section 219 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse, providing in part that unlawful issuance of passports may be prosecuted in the district where the offender may be arrested or in custody. Said provision is therefore omitted as covered by this section. The remaining provisions of said section 219 are incorporated in section 1541 of this title.
heading: Editorial Notes
heading: Amendments
text: 1963—Pub. L. 88–27 authorized the trial of offenses not committed in any district in the district in which the offender, or any one of two or more joint offenders, is arrested; an indictment or information to be filed in the district of the last known residence of the offender or of any one of two or more joint offenders where the offender or offenders are not arrested or brought into any district; and an indictment or information to be filed in the District of Columbia where there is no knowledge of the residence of the offender or of any one of two or more joint offenders.
18 U.S.C. § 3239 (CRIMES AND CRIMINAL PROCEDURE)
§ 3239. Optional venue for espionage and related offenses
The trial for any offense involving a violation, begun or committed upon the high seas or elsewhere out of the jurisdiction of any particular State or district, of—
(1) section 793, 794, 798, or section 1030(a)(1) of this title;
(2) section 601 of the National Security Act of 1947 (50 U.S.C. 421); 1 or
(3) section 4(b) or 4(c) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b) or (c));
may be in the District of Columbia or in any other district authorized by law.
(Added Pub. L. 103–322, title XXXII, § 320909(a), Sept. 13, 1994, 108 Stat. 2127.)
heading: Editorial Notes
heading: References in Text
text: The National Security Act of 1947, referred to in par. (2), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Section 601 of this Act is now classified to section 3121 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Prior Provisions
text: A prior section 3239, act June 25, 1948, ch. 645, 62 Stat. 827, related to threatening communications, prior to repeal by Pub. L. 98–473, title II, § 1204(b), Oct. 12, 1984, 98 Stat. 2152.
18 U.S.C. § 3240 (CRIMES AND CRIMINAL PROCEDURE)
§ 3240. Creation of new district or division
Whenever any new district or division is established, or any county or territory is transferred from one district or division to another district or division, prosecutions for offenses committed within such district, division, county, or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the case to be removed to the new district or division for trial.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 50, 63 Stat. 96.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on section 121 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 59, 36 Stat. 1103).
Section 121 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, was divided into two sections. Only the portion relating to venue in civil cases was left in title 28, U.S.C., 1940 ed., Judicial Code and Judiciary.
Minor changes of phraseology were made.
heading: 1949 Act
text: This section [section 50] strikes the second sentence of section 3240 of title 18, U.S.C., as unnecessary. Section “119” of title 28, U.S.C., referred to in such sentence, became section 1404 of title 28 upon its revision and enactment into positive law in 1948, but reference to the latter, in said section 3240 of title 18, U.S.C., is surplusage in view of rule 19 et seq. of the Federal Rules of Criminal Procedure and the remainder of such section 3240.
heading: Editorial Notes
heading: Amendments
text: 1949—Act May 24, 1949, struck out “The transfer of such prosecutions shall be made in the manner provided in section 119 of Title 28”.
18 U.S.C. § 3242 (CRIMES AND CRIMINAL PROCEDURE)
§ 3242. Indians committing certain offenses; acts on reservations
All Indians committing any offense listed in the first paragraph of and punishable under section 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 51, 63 Stat. 96; Pub. L. 89–707, § 2, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 94–297, § 4, May 29, 1976, 90 Stat. 586.)
heading: Historical and Revision Notes
heading: 1948 Act
text: Based on title 18, U.S.C., 1940 ed., § 548 (Mar. 4, 1909, ch. 321, § 328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337).
The provisions defining rape in accordance with the law of the State and prescribing imprisonment at the discretion of the court for rape by an Indian upon an Indian are now included in section 1153 of this title. (See also section 6 of this title.)
Section 549 of said title 18, relating to crimes in Indian reservations in South Dakota, was omitted as covered by section 1153 of this title. Accordingly the last sentence of said section 548, extending this section to prosecutions of Indians in South Dakota, was also omitted as unnecessary because this section is sufficient and applicable. Other provisions of said section 548 are incorporated in sections 1151 and 1153 of this title.
Minor changes were made in phraseology.
heading: 1949 Act
text: This section [section 51] conforms section 3242 of title 18, U.S.C., with sections 1151 and 1153 of such title, thus eliminating inconsistency and ambiguity with respect to the definition of Indian country.
heading: Editorial Notes
heading: Amendments
text: 1976—Pub. L. 94–297 substituted provision setting out reference to offenses listed in first paragraph of and punishable under section 1153 of this title, for provision specifically enumerating the covered offenses.
1966—Pub. L. 89–707 added carnal knowledge and assault with intent to commit rape as offenses cognizable within the exclusive jurisdiction of the United States when committed on and within the Indian country.
1949—Act May 24, 1949, substituted “within the Indian country” for “within any Indian reservation, including rights-of-way running through the reservation,”.