Notes on 18 U.S.C. § 3161 : US Code - Notes

Search Notes on 18 U.S.C. § 3161 : US Code - Notes

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.
2076; amended Pub. L. 96-43, Secs. 2-5, Aug. 2, 1979, 93 Stat. 327,
328; Pub. L. 98-473, title II, Sec. 1219, Oct. 12, 1984, 98 Stat.
2167; Pub. L. 100-690, title VI, Sec. 6476, Nov. 18, 1988, 102
Stat. 4380; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117.)
REFERENCES IN TEXT
Section 2902 of title 28, referred to in subsec. (h)(1)(B), (C),
(5), was repealed by Pub. L. 106-310, div. B, title XXXIV, Sec.
3405(c)(1), Oct. 17, 2000, 114 Stat. 1221.
AMENDMENTS
1988 - Subsec. (k). Pub. L. 100-690 added subsec. (k).
1984 - Subsec. (h)(8)(C). Pub. L. 98-473, Sec. 1219(1),
substituted "subparagraph (A) of this paragraph" for "paragraph
(8)(A) of this subsection".
Subsec. (h)(9). Pub. L. 98-473, Sec. 1219(2), added par. (9).
1979 - Subsec. (c)(1). Pub. L. 96-43, Sec. 2, merged the ten day
indictment-to-arraignment and the sixty day arraignment-to-trial
limits into a single seventy day indictment-to-trial period.
Subsec. (c)(2). Pub. L. 96-43, Sec. 2, added par. (2).
Subsec. (d). Pub. L. 96-43, Sec. 3(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 96-43, Sec. 3(b), substituted "seventy days"
for "sixty days" in three places and inserted provisions excluding
the periods of delay enumerated in subsec. (h) of this section in
computing the time limitations specified in this section and
applying the sanctions of section 3162 of this title to this
subsection.
Subsec. (h)(1). Pub. L. 96-43, Sec. 4, added to the listing of
excludable delays, delays resulting from the deferral of
prosecution under section 2902 of title 28, delays caused by
consideration by the court of proposed plea agreements, and delays
resulting from the transportation of a defendant from another
district or for the purpose of examination or hospitalization, and
expanded provisions relating to exclusions of periods of delay
resulting from hearings on pretrial motions, examinations and
hearings relating to the mental or physical condition of defendant,
or the removal of a defendant from another district under the
Federal Rules of Criminal Procedure.
Subsec. (h)(8)(B)(ii). Pub. L. 96-43, Sec. 5(a), expanded
provisions authorizing the granting of continuances based on the
complexity or unusual nature of a case to include delays in
preparation of all phases of a case, including pretrial motion
preparation.
Subsec. (h)(8)(B)(iii). Pub. L. 96-43, Sec. 5(b), inserted
provision authorizing a continuance where the delay in filing the
indictment is caused by the arrest taking place at such time that
the return and filing of the indictment can not reasonably be
expected within the period specified in section 3161(b) of this
title.
Subsec. (h)(8)(B)(iv). Pub. L. 96-43, Sec. 5(c), added cl. (iv).
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" in subsec.
(c)(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 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective 30 days after Oct. 12,
1984, see section 1220 of Pub. L. 98-473, set out as an Effective
Date note under section 3505 of this title.
SHORT TITLE OF 1979 AMENDMENT
Section 1 of Pub. L. 96-43 provided: "That this Act [amending
this section and sections 3163 to 3168, 3170 and 3174 of this
title] may be cited as the 'Speedy Trial Act Amendments Act of
1979'."
SHORT TITLE
Section 1 of Pub. L. 93-619 provided: "That this Act [enacting
this chapter and sections 3153 to 3156 of this title, and amending
section 3152 of this title, and section 604 of Title 28, Judiciary
and Judicial Procedure] may be cited as the 'Speedy Trial Act of
1974'."
(!1) See References in Text note below.