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Online Attorney
ceptions, 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, Secs. 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.
-End-
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18 USC Sec. 3058 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3058. Interned belligerent nationals
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 818; Pub. L. 101-647, title XXXV,
Sec. 3571, Nov. 29, 1990, 104 Stat. 4928.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 37 (June 15, 1917, ch.
30, title V, Sec. 7, 40 Stat. 223).
Said section 37 was incorporated in this section and section 756
of this title.
Minor verbal changes were made.
AMENDMENTS
1990 - Pub. L. 101-647 substituted "belligerent" for "beligerent"
before "nation".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 465.
-End-
-CITE-
18 USC Secs. 3059 to 3059B 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
[Secs. 3059 to 3059B. Repealed. Pub. L. 107-273, div. A, title III,
Sec. 301(c)(2), Nov. 2, 2002, 116 Stat. 1781]
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Section 3059, act June 25, 1948, ch. 645, 62 Stat. 818; Pub. L.
97-258, Sec. 2(d)(2), Sept. 13, 1982, 96 Stat. 1058; Pub. L.
103-322, title XXV, Sec. 250004, Sept. 13, 1994, 108 Stat. 2086,
related to rewards and appropriations therefor.
Section 3059A, added Pub. L. 101-647, title XXV, Sec. 2587(a),
Nov. 29, 1990, 104 Stat. 4904; amended Pub. L. 103-322, title
XXXII, Sec. 320607, title XXXIII, Sec. 330010(10), (17), Sept. 13,
1994, 108 Stat. 2120, 2143, 2144; Pub. L. 104-294, title VI, Secs.
601(f)(4), 604(b)(24), Oct. 11, 1996, 110 Stat. 3499, 3508, related
to special rewards for information relating to certain financial
institution offenses.
Section 3059B, added Pub. L. 104-132, title VIII, Sec. 815(e)(1),
Apr. 24, 1996, 110 Stat. 1315, set forth general reward authority.
-End-
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18 USC Sec. 3060 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3060. Preliminary examination
-STATUTE-
(a) Except as otherwise provided by this section, a preliminary
examination shall be held within the time set by the judge or
magistrate judge pursuant to subsection (b) of this section, to
determine whether there is probable cause to believe that an
offense has been committed and that the arrested person has
committed it.
(b) The date for the preliminary examination shall be fixed by
the judge or magistrate judge at the initial appearance of the
arrested person. Except as provided by subsection (c) of this
section, or unless the arrested person waives the preliminary
examination, such examination shall be held within a reasonable
time following initial appearance, but in any event not later than
-
(1) the tenth day following the date of the initial appearance
of the arrested person before such officer if the arrested person
is held in custody without any provision for release, or is held
in custody for failure to meet the conditions of release imposed,
or is released from custody only during specified hours of the
day; or
(2) the twentieth day following the date of the initial
appearance if the arrested person is released from custody under
any condition other than a condition described in paragraph (1)
of this subsection.
(c) With the consent of the arrested person, the date fixed by
the judge or magistrate judge for the preliminary examination may
be a date later than that prescribed by subsection (b), or may be
continued one or more times to a date subsequent to the date
initially fixed therefor. In the absence of such consent of the
accused, the date fixed for the preliminary hearing may be a date
later than that prescribed by subsection (b), or may be continued
to a date subsequent to the date initially fixed therefor, only
upon the order of a judge of the appropriate United States district
court after a finding that extraordinary circumstances exist, and
that the delay of the preliminary hearing is indispensable to the
interests of justice.
(d) Except as provided by subsection (e) of this section, an
arrested person who has not been accorded the preliminary
examination required by subsection (a) within the period of time
fixed by the judge or magistrate judge in compliance with
subsections (b) and (c), shall be discharged from custody or from
the requirement of bail or any other condition of release, without
prejudice, however, to the institution of further criminal
proceedings against him upon the charge upon which he was arrested.
(e) No preliminary examination in compliance with subsection (a)
of this section shall be required to be accorded an arrested
person, nor shall such arrested person be discharged from custody
or from the requirement of bail or any other condition of release
pursuant to subsection (d), if at any time subsequent to the
initial appearance of such person before a judge or magistrate
judge and prior to the date fixed for the preliminary examination
pursuant to subsections (b) and (c) an indictment is returned or,
in appropriate cases, an information is filed against such person
in a court of the United States.
(f) Proceedings before United States magistrate judges under this
section shall be taken down by a court reporter or recorded by
suitable sound recording equipment. A copy of the record of such
proceeding shall be made available at the expense of the United
States to a person who makes affidavit that he is unable to pay or
give security therefor, and the expense of such copy shall be paid
by the Director of the Administrative Office of the United States
Courts.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90-578, title III,
Sec. 303(a), Oct. 17, 1968, 82 Stat. 1117; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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AMENDMENTS
1968 - Pub. L. 90-578 substituted provisions of subsecs. (a) to
(f) of this section detailing preliminary examination content for
prior provisions which directed attention to the rule in section
catchline, and directed one to see Federal Rules of Criminal
Procedure, including "Proceedings before commissioner, appearance,
advice as to right to counsel, hearing, Rule 5.".
-CHANGE-
CHANGE OF NAME
Words "magistrate judge" and "United States magistrate judges"
substituted for "magistrate" and "United States magistrates",
respectively, 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.
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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.
-End-
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18 USC Sec. 3061 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3061. Investigative powers of Postal Service personnel
-STATUTE-
(a) Subject to subsection (b) of this section, Postal Inspectors
and other agents of the United States Postal Service designated by
the Board of Governors to investigate criminal matters related to
the Postal Service and the mails may -
(1) serve warrants and subpoenas issued under the authority of
the United States;
(2) make arrests without warrant for offenses against the
United States committed in their presence;
(3) make arrests without warrant for felonies 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 a felony;
(4) carry firearms; and
(5) make seizures of property as provided by law.
(b) The powers granted by subsection (a) of this section shall be
exercised only -
(1) in the enforcement of laws regarding property in the
custody of the Postal Service, property of the Postal Service,
the use of the mails, and other postal offenses; and
(2) to the extent authorized by the Attorney General pursuant
to agreement between the Attorney General and the Postal Service,
in the enforcement of other laws of the United States, if the
Attorney General determines that violations of such laws have a
detrimental effect upon the operations of the Postal Service.
-SOURCE-
(Added Pub. L. 90-560, Sec. 5(a), Oct. 12, 1968, 82 Stat. 998;
amended Pub. L. 91-375, Sec. 6(j)(38)(A), Aug. 12, 1970, 84 Stat.
781; Pub. L. 100-690, title VI, Sec. 6251(a), Nov. 18, 1988, 102
Stat. 4362.)
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AMENDMENTS
1988 - Pub. L. 100-690 substituted "Investigative powers of
Postal Service personnel" for "Powers of postal personnel" in
section catchline, and amended text generally. Prior to amendment,
text read as follows:
"(a) Subject to subsection (b) of this section, officers and
employees of the Postal Service performing duties related to the
inspection of postal matters may, to the extent authorized by the
Board of Governors -
"(1) serve warrants and subpenas issued under the authority of
the United States;
"(2) make arrests without warrant for offenses against the
United States committed in their presence; and
"(3) make arrests without warrant for felonies 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 a felony.
"(b) The powers granted by subsection (a) of this section shall
be exercised only in the enforcement of laws regarding property of
the United States in the custody of the Postal Service, including
property of the Postal Service, the use of the mails, and other
postal offenses."
1970 - Pub. L. 91-375, Sec. 6(j)(38)(A)(i), substituted "postal
personnel" for "postal inspectors" in section catchline.
Subsec. (a). Pub. L. 91-375, Sec. 6(j)(38)(A)(ii), substituted
"officers and employees of the Postal Service performing duties
related to the inspection of postal matters may, to the extent
authorized by the Board of Governors - " for "postal inspectors
may, to the extent authorized by the Postmaster General - ".
Subsec. (b). Pub. L. 91-375, Sec. 6(j)(38)(A)(iii), substituted
"Postal Service, including property of the Postal Service," for
"postal service".
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by the Board of Governors of
the United States Postal Service and published by it in the Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 39 sections 1003, 3016.
-End-
-CITE-
18 USC Sec. 3062 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3062. General arrest authority for violation of release
conditions
-STATUTE-
A law enforcement officer, who is authorized to arrest for an
offense committed in his presence, may arrest a person who is
released pursuant to chapter 207 if the officer has reasonable
grounds to believe that the person is violating, in his presence, a
condition imposed on the person pursuant to section
3142(c)(1)(B)(iv), (v), (viii), (ix), or (xiii), or, if the
violation involves a failure to remain in a specified institution
as required, a condition imposed pursuant to section
3142(c)(1)(B)(x).
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 204(d), Oct. 12, 1984, 98
Stat. 1986; amended Pub. L. 100-690, title VII, Sec. 7052, Nov. 18,
1988, 102 Stat. 4401.)
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AMENDMENTS
1988 - Pub. L. 100-690 substituted "section 3142(c)(1)(B)(iv),
(v), (viii), (ix), or (xiii)" for "section 3142(c)(2)(D),
(c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M)" and "section
3142(c)(1)(B)(x)" for "section 3142(c)(2)(J)".
-End-
-CITE-
18 USC Sec. 3063 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 203 - ARREST AND COMMITMENT
-HEAD-
Sec. 3063. Powers of Environmental Protection Agency
-STATUTE-
(a) Upon designation by the Administrator of the Environmental
Protection Agency, any law enforcement officer of the Environmental
Protection Agency with responsibility for the investigation of
criminal violations of a law administered by the Environmental
Protection Agency, may -
(1) carry firearms;
(2) execute and serve any warrant or other processes issued
under the authority of the United States; and
(3) make arrests without warrant for -
(A) any offense against the United States committed in such
officer's presence; or
(B) any felony offense against the United States if such
officer has probable cause to believe that the person to be
arrested has committed or is committing that felony offense.
(b) The powers granted under subsection (a) of this section shall
be exercised in accordance with guidelines approved by the Attorney
General.
-SOURCE-
(Added Pub. L. 100-582, Sec. 4(a), Nov. 1, 1988, 102 Stat. 2958.)
-End-
-CITE-
18 USC CHAPTER 204 - REWARDS FOR INFORMATION CONCERNING
TERRORIST ACTS AND ESPIONAGE 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 204 - REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE
-HEAD-
CHAPTER 204 - REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE
-MISC1-
Sec.
3071. Information for which rewards authorized.
3072. Determination of entitlement; maximum amount;
Presidential approval; conclusiveness.
3073. Protection of identity.
3074. Exception of governmental officials.
3075. Authorization for appropriations.(!1)
3076. Eligibility for witness security program.
3077. Definitions.
AMENDMENTS
1994 - Pub. L. 103-359, title VIII, Sec. 803(c)(2), Oct. 14,
1994, 108 Stat. 3439, inserted "AND ESPIONAGE" after "TERRORIST
ACTS" in chapter heading.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 22 section 5512.
-FOOTNOTE-
(!1) Section repealed by Pub. L. 107-273 without corresponding
amendment of chapter analysis.
-End-
-CITE-
18 USC Sec. 3071 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 204 - REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE
-HEAD-
Sec. 3071. Information for which rewards authorized
-STATUTE-
(a) With respect to acts of terrorism primarily within the
territorial jurisdiction of the United States, the Attorney General
may reward any individual who furnishes information -
(1) leading to the arrest or conviction, in any country, of any
individual or individuals for the commission of an act of
terrorism against a United States person or United States
property; or
(2) leading to the arrest or conviction, in any country, of any
individual or individuals for conspiring or attempting to commit
an act of terrorism against a United States person or property;
or
(3) leading to the prevention, frustration, or favorable
resolution of an act of terrorism against a United States person
or property.
(b) With respect to acts of espionage involving or directed at
the United States, the Attorney General may reward any individual
who furnishes information -
(1) leading to the arrest or conviction, in any country, of any
individual or individuals for commission of an act of espionage
against the United States;
(2) leading to the arrest or conviction, in any country, of any
individual or individuals for conspiring or attempting to commit
an act of espionage against the United States; or
(3) leading to the prevention or frustration of an act of
espionage against the United States.
-SOURCE-
(Added Pub. L. 98-533, title I, Sec. 101(a), Oct. 19, 1984, 98
Stat. 2706; amended Pub. L. 103-359, title VIII, Sec. 803(a), Oct.
14, 1994, 108 Stat. 3438.)
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AMENDMENTS
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