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-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE -HEAD- PART II - CRIMINAL PROCEDURE -MISC1- Chap. Sec. 201. General provisions 3001 203. Arrest and commitment 3041 204. Rewards for information concerning terrorist acts and espionage 3071 205. Searches and seizures 3101 206. Pen Registers and Trap and Trace Devices (!1) 3121 207. Release and detention pending judicial proceedings 3141 208. Speedy trial 3161 209. Extradition 3181 211. Jurisdiction and venue 3231 212. Military extraterritorial jurisdiction 3261 213. Limitations 3281 215. Grand jury 3321 216. Special grand jury 3331 217. Indictment and information 3361 219. Trial by United States magistrate judges 3401 221. Arraignment, pleas and trial 3431 223. Witnesses and evidence 3481 224. Protection of witnesses 3521 225. Verdict 3531 227. Sentences 3551 228. Death sentence 3591 229. Post-Sentence Administration (!2) 3601 [231. Repealed.] 232. Miscellaneous Sentencing Provisions (!1) 3661 232A. Special forfeiture of collateral profits of crime 3681 233. Contempts 3691 235. Appeal 3731 [237. Repealed.] AMENDMENTS 2000 - Pub. L. 106-523, Sec. 2(b), Nov. 22, 2000, 114 Stat. 2492, added item for chapter 212. 1994 - Pub. L. 103-359, title VIII, Sec. 803(c)(1), Oct. 14, 1994, 108 Stat. 3439, substituted "terrorist acts and espionage" for "terrorists acts" in item for chapter 204. Pub. L. 103-322, title VI, Sec. 60002(b), Sept. 13, 1994, 108 Stat. 1968, added item for chapter 228. 1988 - Pub. L. 100-702, title IV, Sec. 404(a)(1), Nov. 19, 1988, 102 Stat. 4651, struck out item 237 "Rules of criminal procedure". 1986 - Pub. L. 99-646, Sec. 41(d), Nov. 10, 1986, 100 Stat. 3600, struck out item for chapter 232 "Special forfeiture of collateral profits of crime" and added item for chapter 232A. Pub. L. 99-508, title III, Sec. 301(b), Oct. 21, 1986, 100 Stat. 1872, added item for chapter 206. 1984 - Pub. L. 98-533, title I, Sec. 101(b), Oct. 19, 1984, 98 Stat. 2708, added item for chapter 204. Pub. L. 98-473, title II, Secs. 203(d), 212(b), 1209(a), 1406(b), Oct. 12, 1984, 98 Stat. 1985, 2011, 2163, 2176, inserted "and detention pending judicial proceedings" in item for chapter 207, added items for chapters 224, 227, 229, 231, and 232, and struck out items for former chapters 227 "Sentence, judgment, and execution", 229 "Fines, penalties and forfeitures" and 231 "Probation". 1975 - Pub. L. 93-619, title I, Sec. 102, Jan. 3, 1975, 88 Stat. 2086, added item for chapter 208. 1970 - Pub. L. 91-452, title I, Sec. 101(b), Oct. 15, 1970, 84 Stat. 926, added item for chapter 216. 1968 - Pub. L. 90-578, title III, Sec. 301(c), Oct. 17, 1968, 82 Stat. 1115, substituted "Trial by United States magistrates" for "Trial by commissioners" in item for chapter 219. 1966 - Pub. L. 89-465, Sec. 5(e)(2), June 22, 1966, 80 Stat. 217, substituted "Release" for "Bail" in item for chapter 207. -CHANGE- CHANGE OF NAME "United States magistrate judges" substituted for "United States magistrates" in item for chapter 219 pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in title 48 sections 1424-4, 1614, 1821. -FOOTNOTE- (!1) So in original. First word only of item should be capitalized. (!2) So in original. Does not conform to chapter heading and first word only of item should be capitalized. -End- -CITE- 18 USC CHAPTER 201 - GENERAL PROVISIONS 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- CHAPTER 201 - GENERAL PROVISIONS -MISC1- Sec. 3001. Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms - Rule. 3002. Courts always open - Rule. 3003. Calendars - Rule. 3004. Decorum in court room - Rule. 3005. Counsel and witnesses in capital cases. 3006. Assignment of counsel - Rule. 3006A. Adequate representation of defendants. 3007. Motions - Rule. 3008. Service and filing of papers - Rule. 3009. Records - Rule. 3010. Exceptions unnecessary - Rule. 3011. Computation of time - Rule. 3012. Repealed. 3013. Special assessment on convicted persons. AMENDMENTS 1984 - Pub. L. 98-473, title II, Secs. 218(c), 1405(b), Oct. 12, 1984, 98 Stat. 2027, 2175, added item 3013 and substituted "Repealed" for "Orders respecting persons in custody" in item 3012. 1964 - Pub. L. 88-455, Sec. 4, Aug. 20, 1964, 78 Stat. 554, added item 3006A. LAW ENFORCEMENT ASSISTANCE ACT OF 1965 Pub. L. 89-197, Secs. 1-11, Sept. 22, 1965, 79 Stat. 828, as amended by Pub. L. 89-798, Nov. 8, 1966, 80 Stat. 1503, was repealed by Pub. L. 90-351, title I, Sec. 405, June 19, 1968, 82 Stat. 204, subject to the provisions of section 3745 of Title 42, The Public Health and Welfare. See section 3701 et seq. (chapter 46) of Title 42. Such Act had provided for grants and contracts for improvement of quality of state and local personnel through professional training; grants and contracts to improve state and local law enforcement techniques; delegation and redelegation of powers; contributions to program by recipients, rules and regulations, necessary stipends, and allowances; studies by Attorney General and technical assistance to states; prohibition against control over local agencies; advisory committees, compensation, and expenses; term of program; appropriations; and reports to President and Congress. COORDINATION OF FEDERAL LAW ENFORCEMENT AND CRIME PREVENTION PROGRAMS Designation of Attorney General to coordinate Federal law enforcement and crime prevention program, see Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, set out as a note preceding section 1 of this title. -End- -CITE- 18 USC Sec. 3001 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3001. Procedure governed by rules; scope, purpose and effect; definition of terms; local rules; forms - (Rule) -STATUTE- -MISC1- 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3002 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3002. Courts always open - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Business hours, rule 56. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3003 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3003. Calendars - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Preference to criminal cases, rule 50. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3004 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3004. Decorum in court room - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Photographing or radio broadcasting prohibited, rule 53. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3005 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3005. Counsel and witnesses in capital cases -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814; Pub. L. 103-322, title VI, Sec. 60026, Sept. 13, 1994, 108 Stat. 1982.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 563 (R.S. Sec. 1034). Changes were made in phraseology. AMENDMENTS 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". -End- -CITE- 18 USC Sec. 3006 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3006. Assignment of counsel - (Rule) -STATUTE- -MISC1- SEE FEDERAL RULES OF CRIMINAL PROCEDURE Appointment by court, rule 44. Accused to be informed of right to counsel, rules 5 and 44. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 814.) -End- -CITE- 18 USC Sec. 3006A 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 201 - GENERAL PROVISIONS -HEAD- Sec. 3006A. Adequate representation of defendants -STATUTE- (a) Choice of Plan. - Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following: (1) Representation shall be provided for any financially eligible person who - (A) is charged with a felony or a Class A misdemeanor; (B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031 of this title; (C) is charged with a violation of probation; (D) is under arrest, when such representation is required by law; (E) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; (F) is subject to a mental condition hearing under chapter 313 of this title; (G) is in custody as a material witness; (H) is entitled to appointment of counsel under the sixth amendment to the Constitution; (I) faces loss of liberty in a case, and Federal law requires the appointment of counsel; or (J) is entitled to the appointment of counsel under section 4109 of this title. (2) Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who - (A) is charged with a Class B or C misdemeanor, or an infraction for which a sentence to confinement is authorized; or (B) is seeking relief under section 2241, 2254, or 2255 of title 28. (3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both: (A) Attorneys furnished by a bar association or a legal aid agency, (B) Attorneys furnished by a defender organization established in accordance with the provisions of subsection (g). Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for representation on appeal. The district court may modify the plan at any time with the approval of the judicial council of the circuit. It shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of any modification of its plan. (b) Appointment of Counsel. - Counsel furnishing representation under the plan shall be selected from a panel of attorneys designated or approved by the court, or from a bar association, legal aid agency, or defender organization furnishing representation pursuant to the plan. In every case in which a person entitled to representation under a plan approved under subsection (a) appears without counsel, the United States magistrate judge or the court shall advise the person that he has the right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the person waives representation by counsel, the United States magistrate judge or the court, if satisfied after appropriate inquiry that the person is financially unable to obtain counsel, shall appoint counsel to represent him. Such appointment may be made retroactive to include any representation furnished pursuant to the plan prior to appointment. The United States magistrate judge or the court shall appoint separate counsel for persons having interests that cannot properly be represented by the same counsel, or when other good cause is shown. (c) Duration and Substitution of Appointments. - A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States magistrate judge or the court through appeal, including ancillary matters appropriate to the proceedings. If at any time after the appointment of counsel the United States magistrate judge or the court finds that the person is financially able to obtain counsel or to make partial payment for the representation, it may terminate the appointment of counsel or authorize payment as provided in subsection (f), as the interests of justice may dictate. If at any stage of the proceedings, including an appeal, the United States magistrate judge or the court finds that the person is financially unable to pay counsel whom he had retained, it may appoint counsel as provided in subsection (b) and authorize payment as provided in subsection (d), as the interests of justice may dictate. The United States magistrate judge or the court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings. (d) Payment for Representation. - (1) Hourly Rate. - Any attorney appointed pursuant to this section or a bar association or legal aid agency or community defender organization which has provided the appointed attorney shall, at the conclusion of the representation or any segment thereof, be compensated at a rate not exceeding $60 per hour for time expended in court or before a United States magistrate judge and $40 per hour for time reasonably expended out of court, unless the Judicial Conference determines that a higher rate of not in excess of $75 per hour is justified for a circuit or for particular districts within a circuit, for time exp

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