Notes on 18 U.S.C. § 3142 : US Code - Notes

Search Notes on 18 U.S.C. § 3142 : US Code - Notes

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
Stat. 1976; amended Pub. L. 99-646, Secs. 55(a), (c), 72, Nov. 10,
1986, 100 Stat. 3607, 3617; Pub. L. 100-690, title VII, Sec. 7073,
Nov. 18, 1988, 102 Stat. 4405; Pub. L. 101-647, title X, Sec.
1001(b), title XXXVI, Secs. 3622-3624, Nov. 29, 1990, 104 Stat.
4827, 4965; Pub. L. 104-132, title VII, Secs. 702(d), 729, Apr. 24,
1996, 110 Stat. 1294, 1302; Pub. L. 108-21, title II, Sec. 203,
Apr. 30, 2003, 117 Stat. 660; Pub. L. 108-458, title VI, Sec. 6952,
Dec. 17, 2004, 118 Stat. 3775; Pub. L. 109-162, title X, Sec.
1004(b), Jan. 5, 2006, 119 Stat. 3085.)
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsecs. (e) and
(f)(1)(C), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1242, as amended, which is classified principally to subchapter I
(Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For
complete classification of this Act to the Code, see Short Title
note set out under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsecs. (e) and (f)(1)(C), is title III of Pub. L. 91-513, Oct.
27, 1970, 84 Stat. 1285, as amended, which is classified
principally to subchapter II (Sec. 951 et seq.) of chapter 13 of
Title 21. For complete classification of this Act to the Code, see
Short Title note set out under section 951 of Title 21 and Tables.
The Maritime Drug Law Enforcement Act, referred to in subsecs.
(e) and (f)(1)(C), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat.
1159, as amended, which is classified generally to chapter 38 (Sec.
1901 et seq.) of Title 46, Appendix, Shipping. For complete
classification of this Act to the Code, see section 1901 of Title
46, Appendix, and Tables.
PRIOR PROVISIONS
A prior section 3142, acts June 25, 1948, ch. 645, 62 Stat. 821;
June 22, 1966, Pub. L. 89-465, Sec. 5(c), 80 Stat. 217, set forth
provisions relating to surrender by bail, prior to repeal in the
revision of this chapter by section 203(a) of Pub. L. 98-473.
AMENDMENTS
2006 - Subsecs. (b), (c)(1)(A). Pub. L. 109-162 inserted "and
subject to the condition that the person cooperate in the
collection of a DNA sample from the person if the collection of
such a sample is authorized pursuant to section 3 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)" after
"period of release".
2004 - Subsec. (e). Pub. L. 108-458, Sec. 6952(1), in concluding
provisions, inserted "or" before "the Maritime" and "or an offense
listed in section 2332b(g)(5)(B) of title 18, United States Code,
for which a maximum term of imprisonment of 10 years or more is
prescribed" after "or 2332b of this title,".
Subsecs. (f)(1)(A), (g)(1). Pub. L. 108-458, Sec. 6952(2),
inserted ", or an offense listed in section 2332b(g)(5)(B) for
which a maximum term of imprisonment of 10 years or more is
prescribed" after "violence".
2003 - Subsec. (e). Pub. L. 108-21, in concluding provisions,
substituted "1901 et seq.)," for "1901 et seq.), or" and "of this
title, or an offense involving a minor victim under section 1201,
1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1),
2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3),
2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title" for "of
title 18 of the United States Code".
1996 - Subsec. (e). Pub. L. 104-132, Sec. 702(d), inserted ",
956(a), or 2332b" after "section 924(c)" in concluding provisions.
Subsec. (f). Pub. L. 104-132, Sec. 729, in concluding provisions,
inserted "(not including any intermediate Saturday, Sunday, or
legal holiday)" after "five days" and after "three days".
1990 - Subsec. (c)(1)(B)(xi). Pub. L. 101-647, Sec. 3622, amended
cl. (xi) generally. Prior to amendment, cl. (xi) read as follows:
"execute an agreement to forfeit upon failing to appear as
required, such designated property, including money, as is
reasonably necessary to assure the appearance of the person as
required, and post with the court such indicia of ownership of the
property or such percentage of the money as the judicial officer
may specify;".
Subsec. (c)(1)(B)(xii). Pub. L. 101-647, Sec. 3623, amended cl.
(xii) generally. Prior to amendment, cl. (xii) read as follows:
"execute a bail bond with solvent sureties in such amount as is
reasonably necessary to assure the appearance of the person as
required;".
Subsecs. (e), (f)(1)(C). Pub. L. 101-647, Sec. 1001(b),
substituted "the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.)" for "section 1 of the Act of September 15, 1980 (21
U.S.C. 955a)".
Subsec. (g)(4). Pub. L. 101-647, Sec. 3624, substituted
"subsection (c)(1)(B)(xi) or (c)(1)(B)(xii)" for "subsection
(c)(2)(K) or (c)(2)(L)".
1988 - Subsec. (c)(3). Pub. L. 100-690 substituted "the order"
for "order".
1986 - Subsec. (a). Pub. L. 99-646, Sec. 55(a), (c)(1), in par.
(1) struck out "his" after "released on" and substituted "under
subsection (b) of this section" for "pursuant to the provisions of
subsection (b)", in par. (2) substituted "under subsection (c) of
this section" for "pursuant to the provisions of subsection (c)",
in par. (3) substituted "under subsection (d) of this section" for
"pursuant to provisions of subsection (d)", and in par. (4)
substituted "under subsection (e) of this section" for "pursuant to
provisions of subsection (e)".
Subsec. (b). Pub. L. 99-646, Sec. 55(c)(2), struck out "his"
after "person on" and "period of".
Subsec. (c). Pub. L. 99-646, Sec. 55(c)(3), designated existing
provision as par. (1) and redesignated former pars. (1) and (2) as
subpars. (A) and (B), in provision preceding subpar. (A)
substituted "subsection (b) of this section" for "subsection (b)"
and "such judicial officer" for "he", in subpar. (B) redesignated
subpars. (A) to (N) as cls. (i) to (xiv), in provision preceding
cl. (i) substituted "such judicial officer" for "he", in cl. (i)
substituted "assume supervision" for "supervise him", in cl. (iv)
substituted "on personal" for "on his personal", in cl. (x)
substituted "medical, psychological," for "medical", designated
provision relating to the judicial officer not imposing a financial
condition that results in the pretrial detention of a person as
par. (2), and designated provision permitting the judicial officer
to impose at any time additional or different conditions of release
as par. (3), and in par. (3) struck out "his" after "amend".
Subsec. (d). Pub. L. 99-646, Sec. 55(c)(4), in pars. (1) and (2)
substituted "such person" for "the person" and in concluding
provisions substituted "such person" for "the person" in four
places, "such judicial officer" for "he", "paragraph (1)(B) of this
subsection" for "paragraph (1)(B)", and "such person's United
States citizenship or lawful admission" for "that he is a citizen
of the United States or is lawfully admitted".
Subsec. (e). Pub. L. 99-646, Sec. 55(c)(5), in introductory
provisions inserted "of this section" after "subsection (f)" and
substituted "such judicial officer" for "he", "before" for "prior
to", "described in subsection (f)(1) of this section" for
"described in (f)(1)", and "if such judicial officer" for "if the
judge", in par. (1) inserted "of this section" after "subsection
(f)(1)" in two places, and in pars. (2) and (3) inserted "of this
section" after "paragraph (1)".
Subsec. (f). Pub. L. 99-646, Sec. 72, in par. (1)(D) substituted
"any felony if the person has been convicted of two or more
offenses" for "any felony committed after the person had been
convicted of two or more prior offenses" and inserted ", or a
combination of such offenses", in par. (2)(A) inserted "or" after
"flee;", and in concluding provisions, inserted provision
permitting the hearing to be reopened at any time before trial if
the judicial officer finds that information exists that was unknown
to the movant at the time of the hearing and that has a material
bearing on whether there are conditions of release that will
reasonably assure the appearance of the person as required and the
safety of any other person and the community.
Pub. L. 99-646, Sec. 55(c)(6), substituted "such person" for "the
person" wherever appearing, in introductory provision inserted "of
this section" after "subsection (c)" and struck out "in a case"
after "community", in par. (1) inserted "in a case" and in subpar.
(D) of par. (1) inserted "of this paragraph" in two places, in par.
(2) substituted "upon" for "Upon" and inserted "in a case", and in
concluding provisions, substituted "sua sponte" for "on his own
motion", "whether such person is an addict" for "whether he is an
addict", and "financially" for "he is financially", and struck out
"for him" after "appointed" and "on his own behalf" after
"witnesses".
Subsec. (g). Pub. L. 99-646, Sec. 55(c)(7), in par. (3)(A)
substituted "the person's" for "his", in par. (3)(B) substituted
"the person" for "he", and in par. (4) inserted "of this section".
Subsec. (h). Pub. L. 99-646, Sec. 55(a), (c)(8), in introductory
provision substituted "under" for "pursuant to the provisions of"
and inserted "of this section" and in par. (2)(C) struck out "the
provisions of" before "sections 1503".
Subsec. (i). Pub. L. 99-646, Sec. 55(a), (c)(9), in introductory
provision substituted "under" for "pursuant to the provisions of"
and inserted "of this section" and in par. (3) struck out "his"
after "consultation with".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by sections 3622 to 3624 of Pub. L. 101-647 effective
180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101-647,
set out as an Effective Date note under section 3001 of Title 28,
Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,
1986, see section 55(j) of Pub. L. 99-646, set out as a note under
section 3141 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.