Notes on 18 U.S.C. § 1512 : US Code - Notes

Search Notes on 18 U.S.C. § 1512 : US Code - Notes

(Added Pub. L. 97-291, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1249;
amended Pub. L. 99-646, Sec. 61, Nov. 10, 1986, 100 Stat. 3614;
Pub. L. 100-690, title VII, Sec. 7029(a), (c), Nov. 18, 1988, 102
Stat. 4397, 4398; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117; Pub. L. 103-322, title VI, Sec. 60018, title
XXXIII, Sec. 330016(1)(O), (U), Sept. 13, 1994, 108 Stat. 1975,
2148; Pub. L. 104-214, Sec. 1(2), Oct. 1, 1996, 110 Stat. 3017;
Pub. L. 104-294, title VI, Sec. 604(b)(31), Oct. 11, 1996, 110
Stat. 3508; Pub. L. 107-204, title XI, Sec. 1102, July 30, 2002,
116 Stat. 807; Pub. L. 107-273, div. B, title III, Sec. 3001(a),
(c)(1), Nov. 2, 2002, 116 Stat. 1803, 1804.)
AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-273, Sec. 3001(a)(1)(A),
substituted "as provided in paragraph (3)" for "as provided in
paragraph (2)" in concluding provisions.
Subsec. (a)(2). Pub. L. 107-273, Sec. 3001(a)(1)(C), added par.
(2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 107-273, Sec. 3001(a)(1)(B), (D),
redesignated par. (2) as (3), added subpars. (B) and (C), and
struck out former subpar. (B) which read as follows: "(B) in the
case of an attempt, imprisonment for not more than twenty years."
Subsec. (b). Pub. L. 107-273, Sec. 3001(a)(2), struck out "or
physical force" after "intimidation" in introductory provisions.
Subsec. (b)(3). Pub. L. 107-273, Sec. 3001(c)(1), inserted
"supervised release," after "probation".
Subsec. (c). Pub. L. 107-204 added subsec. (c). Former subsec.
(c) redesignated (d).
Subsec. (d). Pub. L. 107-204 redesignated former subsec. (c) as
(d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 107-273, Sec. 3001(c)(1), inserted
"supervised release," after "probation".
Subsecs. (e) to (j). Pub. L. 107-204 redesignated former subsecs.
(d) to (i) as (e) to (j), respectively.
Subsec. (k). Pub. L. 107-273, Sec. 3001(a)(3), added subsec. (k).
1996 - Subsec. (a)(2)(A). Pub. L. 104-294 inserted "and" after
semicolon at end.
Subsec. (i). Pub. L. 104-214 added subsec. (i).
1994 - Subsec. (a)(2)(A). Pub. L. 103-322, Sec. 60018, amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: "(A) in the case of a killing, the punishment provided in
sections 1111 and 1112 of this title; and".
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(U), substituted
"fined under this title" for "fined not more than $250,000" in
concluding provisions.
Subsec. (c). Pub. L. 103-322, Sec. 330016(1)(O), substituted
"fined under this title" for "fined not more than $25,000" in
concluding provisions.
1988 - Subsec. (b). Pub. L. 100-690, Sec. 7029(c), substituted
"threatens, or corruptly persuades" for "or threatens".
Subsec. (h). Pub. L. 100-690, Sec. 7029(a), added subsec. (h).
1986 - Subsec. (a). Pub. L. 99-646, Sec. 61(2), (3), added
subsec. (a) and redesignated former subsec. (a) as (b).
Subsecs. (b) to (g). Pub. L. 99-646, Sec. 61(1), (3),
redesignated former subsec. (a) as (b), inserted ", delay, or
prevent", and redesignated former subsecs. (b) to (f) as (c) to
(g), respectively.
CHANGE OF NAME
Words "magistrate judge" and "United States magistrate judge"
substituted for "magistrate" and "United States magistrate",
respectively, in subsec. (f)(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.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
EFFECTIVE DATE
Section 9 of Pub. L. 97-291 provided that:
"(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [enacting this section and sections
1513 to 1515, 3579, and 3580 of this title, amending sections 1503,
1505, 1510, and 3146 of this title and Rule 32 of the Federal Rules
of Criminal Procedure, and enacting provisions set out as notes
under this section and sections 1501 and 3579 of this title] shall
take effect on the date of the enactment of this Act [Oct. 12,
1982].
"(b)(1) The amendment made by section 2 of this Act [enacting
provisions set out as a note under this section] shall apply to
presentence reports ordered to be made on or after March 1, 1983.
"(2) The amendments made by section 5 of this Act [enacting
sections 3579 and 3580 of this title] shall apply with respect to
offenses occurring on or after January 1, 1983."
CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES
Section 2 of Pub. L. 97-291 provided that:
"(a) The Congress finds and declares that:
"(1) Without the cooperation of victims and witnesses, the
criminal justice system would cease to function; yet with few
exceptions these individuals are either ignored by the criminal
justice system or simply used as tools to identify and punish
offenders.
"(2) All too often the victim of a serious crime is forced to
suffer physical, psychological, or financial hardship first as a
result of the criminal act and then as a result of contact with a
criminal justice system unresponsive to the real needs of such
victim.
"(3) Although the majority of serious crimes falls under the
jurisdiction of State and local law enforcement agencies, the
Federal Government, and in particular the Attorney General, has
an important leadership role to assume in ensuring that victims
of crime, whether at the Federal, State, or local level, are
given proper treatment by agencies administering the criminal
justice system.
"(4) Under current law, law enforcement agencies must have
cooperation from a victim of crime and yet neither the agencies
nor the legal system can offer adequate protection or assistance
when the victim, as a result of such cooperation, is threatened
or intimidated.
"(5) While the defendant is provided with counsel who can
explain both the criminal justice process and the rights of the
defendant, the victim or witness has no counterpart and is
usually not even notified when the defendant is released on bail,
the case is dismissed, a plea to a lesser charge is accepted, or
a court date is changed.
"(6) The victim and witness who cooperate with the prosecutor
often find that the transportation, parking facilities, and child
care services at the court are unsatisfactory and they must often
share the pretrial waiting room with the defendant or his family
and friends.
"(7) The victim may lose valuable property to a criminal only
to lose it again for long periods of time to Federal law
enforcement officials, until the trial and sometimes and [sic]
appeals are over; many times that property is damaged or lost,
which is particularly stressful for the elderly or poor.
"(b) The Congress declares that the purposes of this Act [see
Short Title of 1982 Amendment note set out under section 1501 of
this title] are -
"(1) to enhance and protect the necessary role of crime victims
and witnesses in the criminal justice process;
"(2) to ensure that the Federal Government does all that is
possible within limits of available resources to assist victims
and witnesses of crime without infringing on the constitutional
rights of the defendant; and
"(3) to provide a model for legislation for State and local
governments."
FEDERAL GUIDELINES FOR TREATMENT OF CRIME VICTIMS AND WITNESSES IN
THE CRIMINAL JUSTICE SYSTEM
Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title
II, Sec. 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that:
"(a) Within two hundred and seventy days after the date of
enactment of this Act [Oct. 12, 1982], the Attorney General shall
develop and implement guidelines for the Department of Justice
consistent with the purposes of this Act [see Short Title of 1982
Amendment note set out under section 1501 of this title]. In
preparing the guidelines the Attorney General shall consider the
following objectives:
"(1) Services to victims of crime. - Law enforcement personnel
should ensure that victims routinely receive emergency social and
medical services as soon as possible and are given information on
the following -
"(A) availability of crime victim compensation (where
applicable);
"(B) community-based victim treatment programs;
"(C) the role of the victim in the criminal justice process,
including what they can expect from the system as well as what
the system expects from them; and
"(D) stages in the criminal justice process of significance
to a crime victim, and the manner in which information about
such stages can be obtained.
"(2) Notification of availability of protection. - A victim or
witness should routinely receive information on steps that law
enforcement officers and attorneys for the Government can take to
protect victims and witnesses from intimidation.
"(3) Scheduling changes. - All victims and witnesses who have
been scheduled to attend criminal justice proceedings should
either be notified as soon as possible of any scheduling changes
which will affect their appearances or have available a system
for alerting witnesses promptly by telephone or otherwise.
"(4) Prompt notification to victims of serious crimes. -
Victims, witnesses, relatives of those victims and witnesses who
are minors, and relatives of homicide victims should, if such
persons provide the appropriate official with a current address
and telephone number, receive prompt advance notification, if
possible, of -
"(A) the arrest of an accused;
"(B) the initial appearance of an accused before a judicial
officer;
"(C) the release of the accused pending judicial proceedings;
and
"(D) proceedings in the prosecution and punishment of the
accused (including entry of a plea of guilty, trial,
sentencing, and, where a term of imprisonment is imposed, a
hearing to determine a parole release date and the release of
the accused from such imprisonment).
"(5) Consultation with victim. - The victim of a serious crime,
or in the case of a minor child or a homicide, the family of the
victim, should be consulted by the attorney for the Government in
order to obtain the views of the victim or family about the
disposition of any Federal criminal case brought as a result of
such crime, including the views of the victim or family about -
"(A) dismissal;
"(B) release of the accused pending judicial proceedings;
"(C) plea negotiations; and
"(D) pretrial diversion program.
"(6) Separate waiting area. - Victims and other prosecution
witnesses should be provided prior to court appearance a waiting
area that is separate from all other witnesses.
"(7) Property return. - Law enforcement agencies and prosecutor
should promptly return victim's property held for evidentiary
purposes unless there is a compelling law enforcement reason for
retaining it.
"(8) Notification to employer. - A victim or witness who so
requests should be assisted by law enforcement agencies and
attorneys for the Government in informing employers that the need
for victim and witness cooperation in the prosecution of the case
may necessitate absence of that victim or witness from work. A
victim or witness who, as a direct result of a crime or of
cooperation with law enforcement agencies or attorneys for the
Government, is subjected to serious financial strain, should be
assisted by such agencies and attorneys in explaining to
creditors the reason for such serious financial strain.
"(9) Training by federal law enforcement training facilities. -
Victim assistance education and training should be offered to
persons taking courses at Federal law enforcement training
facilities and attorneys for the Government so that victims may
be promptly, properly, and completely assisted.
"(10) General victim assistance. - The guidelines should also
ensure that any other important assistance to victims and
witnesses, such as the adoption of transportation, parking, and
translator services for victims in court be provided.
"(b) Nothing in this title shall be construed as creating a cause
of action against the United States.
"(c) The Attorney General shall assure that all Federal law
enforcement agencies outside of the Department of Justice adopt
guidelines consistent with subsection (a) of this section."
[Amendment of section 6 of Pub. L. 97-291 by Pub. L. 98-473, set
out above, effective 30 days after Oct. 12, 1984, see section
1409(a) of Pub. L. 98-473, set out as an Effective Date note under
section 10601 of Title 42, The Public Health and Welfare.]
(!1) So in original.