Notes on 18 U.S.C. § 659 : US Code - Notes

Search Notes on 18 U.S.C. § 659 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 729; May 24, 1949, ch. 139, Sec.
13, 63 Stat. 91; Pub. L. 89-654, Sec. 1(a)-(d), Oct. 14, 1966, 80
Stat. 904; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K),
Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec.
606(a), Oct. 11, 1996, 110 Stat. 3511.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Secs. 409, 410, 411 (Feb.
13, 1913, ch. 50, Secs. 1, 2, 37 Stat. 670; Feb. 13, 1913, ch. 50,
Sec. 3, as added Jan. 28, 1925, ch. 102, 43 Stat. 794; Jan. 28,
1925, ch. 102, 43 Stat. 793, 794; Jan. 21, 1933, ch. 16, 47 Stat.
773, 774; July 24, 1946, ch. 606, 60 Stat. 656.)
This section consolidates sections 409, 410, and 411 of title 18,
U.S.C., 1940 ed. First clause of said section 409 was incorporated
in section 2117 of this title.
In the paragraph immediately preceding the last paragraph the
words "and to which" were added to obviate an inadvertent and
incongruous omission in the enactment of act July 24, 1946, ch.
606, Sec. 3, 60 Stat. 657. This is in harmony with corrective
legislation pending before the Eightieth Congress.
The definitions of "station house", "depot", "wagon",
"automobile", "truck", or "other vehicle", contained in said
section 409 of title 18, are omitted as unnecessary.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's notes under sections 641 and 645 of this
title.) This improvement was suggested by United States Attorney P.
F. Herrick, of Puerto Rico. (See reviser's note under section 641
of this title.)
Minor changes were made in phraseology.
1949 ACT
This section [section 13] inserts the word, "embezzled" preceding
"or stolen" near the ends of the second and fourth paragraphs of
section 659 of title 18, U.S.C., to restore the language of the
original law from which such section was derived. Also, for
clarity, substitutes, "whoever" for "who" preceding "buys" in said
fourth paragraph of section 659.
SENATE REVISION AMENDMENT
The "corrective legislation", referred to in this paragraph,
became Act April 16, 1947, ch. 39, 61 Stat. 52, and, as it amended
section 411 of title 18, U.S.C., such act was an additional source
of this section.
AMENDMENTS
1996 - Pub. L. 104-294 substituted "$1,000" for "$100" in fifth
par.
1994 - Pub. L. 103-322, in fifth par., substituted "fined under
this title" for "fined not more than $5,000" after "Shall in each
case be" and for "fined not more than $1,000" after "he shall be".
1966 - Pub. L. 89-654 substituted "shipments by carrier" for
"baggage, express, or freight" in section catchline, inserted
"pipeline system" and "tank or storage facility" and substituted
"freight, express, or other property" for "freight or express" in
par. 1, provided in par. 8 that the removal of property from a
pipeline system which extends interstate shall be prima facie
evidence of the interstate character of the shipment of the
property, and, in par. 9, prohibited any construction which
indicated an intent on the part of Congress to occupy the field to
the exclusion of State laws or to invalidate inconsistent State
provisions.
1949 - Act May 24, 1949, inserted "embezzled or" before "stolen"
in second par., and substituted "whoever" for "who" before "buys"
in fourth par.