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Online Attorney
er than
an individual; and".
Subsec. (c). Pub. L. 100-690, Sec. 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).
EFFECTIVE DATE OF 1996 AMENDMENT
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.
EFFECTIVE DATE
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3563, 3612, 3663 of this
title; title 42 section 10601.
-End-
-CITE-
18 USC CHAPTER 203 - ARREST AND COMMITMENT 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
CHAPTER 203 - ARREST AND COMMITMENT
-MISC1-
Sec.
3041. Power of courts and magistrates.
3042. Extraterritorial jurisdiction.
[3043. Repealed.]
3044. Complaint - Rule.
3045. Internal revenue violations.
3046. Warrants or summons - Rule.(!1)
3047. Multiple warrants unnecessary.
3048. Commitment to another district; removal - Rule.
3049. Warrant for removal.
3050. Bureau of Prisons employees' powers.
3051. Powers of Special Agents of Bureau of Alcohol,
Tobacco, Firearms, and Explosives.(!2)
3052. Powers of Federal Bureau of Investigation.
3053. Powers of marshals and deputies.
[3054. Repealed.]
3055. Officers' powers to suppress Indian liquor traffic.
3056. Powers, authorities, and duties of United States
Secret Service.
3057. Bankruptcy investigations.
3058. Interned belligerent nationals.
3059. Rewards and appropriations therefor.(!3)
3059A. Special rewards for information relating to certain
financial institution offenses.(!3)
3059B. General reward authority.(!3)
3060. Preliminary examination.
3061. Investigative powers of Postal Service personnel.
3062. General arrest authority for violation of release
conditions.
3063. Powers of Environmental Protection Agency.
AMENDMENTS
1996 - Pub. L. 104-294, title VI, Sec. 605(n), Oct. 11, 1996, 110
Stat. 3510, added item 3059B.
1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(18), Sept. 13,
1994, 108 Stat. 2144, inserted a period at end of item 3059A.
1990 - Pub. L. 101-647, title XXXV, Sec. 3570, Nov. 29, 1990, 104
Stat. 4928, struck out item 3054 "Officer's powers involving
animals and birds".
Pub. L. 101-647, title XXV, Sec. 2587(b), Nov. 29, 1990, 104
Stat. 4905, as amended, effective as of date section 2587(b) of
Pub. L. 101-647 took effect, by Pub. L. 103-322, title XXXIII, Sec.
330011(a), Sept. 13, 1994, 108 Stat. 2144, added item 3059A.
1988 - Pub. L. 100-582, Sec. 4(b), Nov. 1, 1988, 102 Stat. 2959,
added item 3063.
Pub. L. 100-690, title VI, Sec. 6251(b), Nov. 18, 1988, 102 Stat.
4362, substituted "Investigative powers of Postal Service
personnel" for "Powers of postal personnel" in item 3061.
1984 - Pub. L. 98-587, Sec. 1(b), Oct. 30, 1984, 98 Stat. 3111,
substituted "Powers, authorities, and duties of United States
Secret Service" for "Secret Service powers" in item 3056.
Pub. L. 98-473, title II, Sec. 204(e), Oct. 12, 1984, 98 Stat.
1986, substituted "Repealed" for "Security of the peace and good
behavior" in item 3043 and added item 3062.
1970 - Pub. L. 91-375, Sec. 6(j)(38)(B), Aug. 12, 1970, 84 Stat.
782, substituted "postal personnel" for "postal inspectors" in item
3061.
1968 - Pub. L. 90-578, title III, Sec. 303(b), Oct. 17, 1968, 82
Stat. 1118, struck out reference to "Rule" in item 3060.
Pub. L. 90-560, Sec. 5(b), Oct. 12, 1968, 82 Stat. 998, added
item 3061.
1951 - Act Oct. 31, 1951, ch. 655, Sec. 56(f), 65 Stat. 729,
struck out item 3051 "Extradition agent's powers".
-FOOTNOTE-
(!1) So in original. Does not conform to section catchline.
(!2) Editorially supplied. Section 3051 added by Pub. L. 107-296
without corresponding amendment of chapter analysis.
(!3) Section repealed by Pub. L. 107-273 without corresponding
amendment of chapter analysis.
-End-
-CITE-
18 USC Sec. 3041 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3041. Power of courts and magistrates
-STATUTE-
For any offense against the United States, the offender may, by
any justice or judge of the United States, or by any United States
magistrate judge, or by any chancellor, judge of a supreme or
superior court, chief or first judge of the common pleas, mayor of
a city, justice of the peace, or other magistrate, of any state
where the offender may be found, and at the expense of the United
States, be arrested and imprisoned or released as provided in
chapter 207 of this title, as the case may be, for trial before
such court of the United States as by law has cognizance of the
offense. Copies of the process shall be returned as speedily as may
be into the office of the clerk of such court, together with the
recognizances of the witnesses for their appearances to testify in
the case.
A United States judge or magistrate judge shall proceed under
this section according to rules promulgated by the Supreme Court of
the United States. Any state judge or magistrate acting hereunder
may proceed according to the usual mode of procedure of his state
but his acts and orders shall have no effect beyond determining,
pursuant to the provisions of section 3142 of this title, whether
to detain or conditionally release the prisoner prior to trial or
to discharge him from arrest.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89-465, Sec. 5(a),
June 22, 1966, 80 Stat. 217; Pub. L. 90-578, title III, Sec.
301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98-473, title
II, Sec. 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 591 (R.S. Sec. 1014;
May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch.
814, 31 Stat. 956).
This section was completely rewritten to omit all provisions
superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5,
40 and 54(a) which prescribed the procedure for preliminary
proceedings and examinations before United States judges and
commissioners and for removal proceedings but not for preliminary
examinations before State magistrates.
AMENDMENTS
1984 - Pub. L. 98-473 substituted "determining, pursuant to the
provisions of section 3142 of this title, whether to detain or
conditionally release the prisoner prior to trial" for "determining
to hold the prisoner for trial".
1968 - Pub. L. 90-578 substituted "United States magistrate" and
"magistrate" for "United States commissioner" and "commissioner",
respectively.
1966 - Pub. L. 89-465 substituted "or released as provided in
chapter 207 of this title" for "or bailed".
-CHANGE-
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
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.
-MISC2-
EFFECTIVE DATE OF 1968 AMENDMENT
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.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-465 effective ninety days after June 22,
1966, see section 6 of Pub. L. 89-465, set out as an Effective Date
note under section 3146 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3042, 3141, 3152, 3156 of
this title; title 16 section 916g; title 26 section 5557.
-End-
-CITE-
18 USC Sec. 3042 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3042. Extraterritorial jurisdiction
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 98-473, title II,
Sec. 204(b), Oct. 12, 1984, 98 Stat. 1985.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 662b (Mar. 22, 1934,
ch. 73, Sec. 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.
AMENDMENTS
1984 - Pub. L. 98-473 substituted "detained or conditionally
released pursuant to section 3142 of this title" for "imprisoned or
admitted to bail".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3187 of this title.
-End-
-CITE-
18 USC Sec. 3043 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
[Sec. 3043. Repealed. Pub. L. 98-473, title II, Sec. 204(c), Oct.
12, 1984, 98 Stat. 1986]
-MISC1-
Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17,
1968, Pub. L. 90-578, title III, Sec. 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.
-End-
-CITE-
18 USC Sec. 3044 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3044. Complaint - (Rule)
-STATUTE-
-MISC1-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Contents of complaint; oath, Rule 3.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 816.)
-End-
-CITE-
18 USC Sec. 3045 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3045. Internal revenue violations
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 816; Pub. L. 90-578, title III,
Sec. 301(a)(2), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 594 (May 28, 1896, ch.
252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).
Minor changes were made in phraseology.
-REFTEXT-
REFERENCES IN TEXT
The internal revenue laws, referred to in text, are classified
generally to Title 26, Internal Revenue Code.
-MISC2-
AMENDMENTS
1968 - Pub. L. 90-578 substituted "United States magistrates" for
"United States commissioners".
-CHANGE-
CHANGE OF NAME
"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.
-MISC3-
EFFECTIVE DATE OF 1968 AMENDMENT
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.
-TRANS-
ABOLITION OF OFFICES OF COLLECTOR AND DEPUTY COLLECTOR OF INTERNAL
REVENUE
Offices of Collector and Deputy Collector of Internal Revenue
abolished by Reorg. Plan No. 1 of 1952, Sec. 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.
-End-
-CITE-
18 USC Sec. 3046 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3046. Warrant or summons - (Rule)
-STATUTE-
-MISC1-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 816.)
-End-
-CITE-
18 USC Sec. 3047 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3047. Multiple warrants unnecessary
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 816.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 602 (R.S. Sec. 1027).
Minor changes were made in phraseology.
-End-
-CITE-
18 USC Sec. 3048 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3048. Commitment to another district; removal - (Rule)
-STATUTE-
-MISC1-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L.
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