US (United States) Code. Title 18. Chapter 223: Witnesses and evidence

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 223 - WITNESSES AND EVIDENCE 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

.

-HEAD-

CHAPTER 223 - WITNESSES AND EVIDENCE

-MISC1-

Sec.

3481. Competency of accused.

3482. Evidence and witnesses - Rule.

3483. Indigent defendants, process to produce evidence - Rule.

3484. Subpoenas - Rule.

3485. Expert witnesses - Rule.

3486. Administrative subpoenas.

(3486A. Repealed.)

3487. Refusal to pay as evidence of embezzlement.

3488. Intoxicating liquor in Indian country as evidence of unlawful

introduction.

3489. Discovery and inspection - Rule.

3490. Official record or entry - Rule.

3491. Foreign documents.

3492. Commission to consular officers to authenticate foreign

documents.

3493. Deposition to authenticate foreign documents.

3494. Certification of genuineness of foreign document.

3495. Fees and expenses of consuls, counsel, interpreters and

witnesses.

3496. Regulations by President as to commissions, fees of

witnesses, counsel and interpreters.

3497. Account as evidence of embezzlement.

3498. Depositions - Rule.

3499. Contempt of court by witness - Rule.

3500. Demands for production of statements and reports of

witnesses.

3501. Admissibility of confessions.

3502. Admissibility in evidence of eye witness testimony.

(3503. Repealed.)

3504. Litigation concerning sources of evidence.

3505. Foreign records of regularly conducted activity.

3506. Service of papers filed in opposition to official request by

United States to foreign government for criminal evidence.

3507. Special master at foreign deposition.

3508. Custody and return of foreign witnesses.

3509. Child victims' and child witnesses' rights.

3510. Rights of victims to attend and observe trial.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(3)(B),

Nov. 2, 2002, 116 Stat. 1809, struck out item 3503 ''Depositions to

preserve testimony''.

2000 - Pub. L. 106-544, Sec. 5(b)(2), (3), Dec. 19, 2000, 114

Stat. 2718, struck out ''in Federal health care investigations''

after ''subpoenas'' in item 3486 and struck out item 3486A

''Administrative subpoenas in cases involving child abuse and child

sexual exploitation''.

1998 - Pub. L. 105-314, title VI, Sec. 606(b), Oct. 30, 1998, 112

Stat. 2985, added items 3486 and 3486A and struck out former item

3486 ''Authorized investigative demand procedures''.

1997 - Pub. L. 105-6, Sec. 2(b), Mar. 19, 1997, 111 Stat. 12,

added item 3510.

1996 - Pub. L. 104-294, title VI, Sec. 604(a)(4), Oct. 11, 1996,

110 Stat. 3506, substituted ''victims' '' for ''Victims' '' in item

3509.

Pub. L. 104-191, title II, Sec. 248(b), Aug. 21, 1996, 110 Stat.

2019, added item 3486.

1994 - Pub. L. 103-322, title XXXIII, Sec. 330002(j), Sept. 13,

1994, 108 Stat. 2140, added item 3509.

1988 - Pub. L. 100-690, title VI, Sec. 6484(b), Nov. 18, 1988,

102 Stat. 4384, added item 3508.

1984 - Pub. L. 98-473, title II, Sec. 1217(b), Oct. 12, 1984, 98

Stat. 2166, added items 3505, 3506, and 3507.

1970 - Pub. L. 91-452, title II, Sec. 228(b), title VI, Sec.

601(b), title VII, Sec. 702(b), Oct. 15, 1970, 84 Stat. 930, 935,

936, added items 3503 and 3504, and struck out item 3486

''Compelled testimony tending to incriminate witnesses; immunity''.

1968 - Pub. L. 90-351, title II, Sec. 701(b), June 19, 1968, 82

Stat. 211, added items 3501 and 3502.

1957 - Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 596, added item

3500.

1954 - Act Aug. 20, 1954, ch. 769, Sec. 2, 68 Stat. 746,

rephrased item 3486.

PROTECTED FACILITIES FOR HOUSING GOVERNMENT WITNESSES

Pub. L. 91-452, title V, Sec. 501-504, Oct. 15, 1970, 84 Stat.

933, which authorized the Attorney General to provide for the

security of Government witnesses and the families of Government

witnesses in legal proceedings against any person alleged to have

participated in an organized criminal activity, was repealed by

Pub. L. 98-473, title II, Sec. 1209(b), Oct. 12, 1984, 98 Stat.

2163, effective Oct. 1, 1984.

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18 USC Sec. 3481 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3481. Competency of accused

-STATUTE-

In trial of all persons charged with the commission of offenses

against the United States and in all proceedings in courts martial

and courts of inquiry in any State, District, Possession or

Territory, the person charged shall, at his own request, be a

competent witness. His failure to make such request shall not

create any presumption against him.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 632 of title 28, U.S.C., 1940 ed., Judicial Code

and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy.

(Mar. 16, 1878, ch. 37, 20 Stat. 30).

Section was rewritten without change of substance.

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-6, Sec. 1, Mar. 19, 1997, 111 Stat. 12, provided

that: ''This Act (enacting section 3510 of this title, amending

section 3593 of this title, and enacting provisions set out as a

note under section 3510 of this title) may be cited as the 'Victim

Rights Clarification Act of 1997'.''

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18 USC Sec. 3482 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3482. Evidence and witnesses - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Competency and privileges of witnesses and admissibility of

evidence governed by principles of common law, Rule 26.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-REFTEXT-

REFERENCES IN TEXT

Rule 26 of the Federal Rules of Criminal Procedure, referred to

in text, was amended in 1972. The subject matter is covered by the

Federal Rules of Evidence, set out in the Appendix to Title 28,

Judiciary and Judicial Procedure.

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18 USC Sec. 3483 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3483. Indigent defendants, process to produce evidence -

(Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Subpoena for indigent defendants, motion, affidavit, costs, Rule

17(b).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-CITE-

18 USC Sec. 3484 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3484. Subpoenas - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Form, contents and issuance of subpoena, Rule 17(a).

Service in United States, Rule 17(d), (e,1).

Service in foreign country, Rule 17(d), (e,2).

Indigent defendants, Rule 17(b).

On taking depositions, Rule 17(f).

Papers and documents, Rule 17(c).

Disobedience of subpoena as contempt of court, Rule 17(g).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-CITE-

18 USC Sec. 3485 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3485. Expert witnesses - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Selection and appointment of expert witnesses by court or

parties; compensation, Rule 28.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-REFTEXT-

REFERENCES IN TEXT

Rule 28 of the Federal Rules of Criminal Procedure, referred to

in text, was amended in 1972. The subject matter of this reference

is covered by Federal Rules of Evidence, set out in the Appendix to

Title 28, Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 3486 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3486. Administrative subpoenas

-STATUTE-

(a) Authorization. - (1)(A) In any investigation of -

(i)(I) a Federal health care offense; or (II) a Federal offense

involving the sexual exploitation or abuse of children, the

Attorney General; or

(ii) an offense under section 871 or 879, or a threat against a

person protected by the United States Secret Service under

paragraph (5) or (6) of section 3056, (FOOTNOTE 1) if the

Director of the Secret Service determines that the threat

constituting the offense or the threat against the person

protected is imminent, the Secretary of the Treasury,

(FOOTNOTE 1) So in original. Probably should be section

''3056(a),''.

may issue in writing and cause to be served a subpoena requiring

the production and testimony described in subparagraph (B).

(B) Except as provided in subparagraph (C), a subpoena issued

under subparagraph (A) may require -

(i) the production of any records or other things relevant to

the investigation; and

(ii) testimony by the custodian of the things required to be

produced concerning the production and authenticity of those

things.

(C) A subpoena issued under subparagraph (A) with respect to a

provider of electronic communication service or remote computing

service, in an investigation of a Federal offense involving the

sexual exploitation or abuse of children shall not extend beyond -

(i) requiring that provider to disclose the name, address,

local and long distance telephone toll billing records, telephone

number or other subscriber number or identity, and length of

service of a subscriber to or customer of such service and the

types of services the subscriber or customer utilized, which may

be relevant to an authorized law enforcement inquiry; or

(ii) requiring a custodian of the records of that provider to

give testimony concerning the production and authentication of

such records or information.

(D) As used in this paragraph, the term ''Federal offense

involving the sexual exploitation or abuse of children'' means an

offense under section 1201, 2241(c), 2242, 2243, 2251, 2251A, 2252,

2252A, 2260, 2421, 2422, or 2423, in which the victim is an

individual who has not attained the age of 18 years.

(2) A subpoena under this subsection shall describe the objects

required to be produced and prescribe a return date within a

reasonable period of time within which the objects can be assembled

and made available.

(3) The production of records relating to a Federal health care

offense shall not be required under this section at any place more

than 500 miles distant from the place where the subpoena for the

production of such records is served. The production of things in

any other case may be required from any place within the United

States or subject to the laws or jurisdiction of the United States.

(4) Witnesses subpoenaed under this section shall be paid the

same fees and mileage that are paid witnesses in the courts of the

United States.

(5) At any time before the return date specified in the summons,

the person or entity summoned may, in the United States district

court for the district in which that person or entity does business

or resides, petition for an order modifying or setting aside the

summons, or a prohibition of disclosure ordered by a court under

paragraph (6).

(6)(A) A United State (FOOTNOTE 2) district court for the

district in which the summons is or will be served, upon

application of the United States, may issue an ex parte order that

no person or entity disclose to any other person or entity (other

than to an attorney in order to obtain legal advice) the existence

of such summons for a period of up to 90 days.

(FOOTNOTE 2) So in original.

(B) Such order may be issued on a showing that the things being

sought may be relevant to the investigation and there is reason to

believe that such disclosure may result in -

(i) endangerment to the life or physical safety of any person;

(ii) flight to avoid prosecution;

(iii) destruction of or tampering with evidence; or

(iv) intimidation of potential witnesses.

(C) An order under this paragraph may be renewed for additional

periods of up to 90 days upon a showing that the circumstances

described in subparagraph (B) continue to exist.

(7) A summons issued under this section shall not require the

production of anything that would be protected from production

under the standards applicable to a subpoena duces tecum issued by

a court of the United States.

(8) If no case or proceeding arises from the production of

records or other things pursuant to this section within a

reasonable time after those records or things are produced, the

agency to which those records or things were delivered shall, upon

written demand made by the person producing those records or

things, return them to that person, except where the production

required was only of copies rather than originals.

(9) A subpoena issued under paragraph (1)(A)(i)(II) or (1)(A)(ii)

may require production as soon as possible, but in no event less

than 24 hours after service of the subpoena.

(10) As soon as practicable following the issuance of a subpoena

under paragraph (1)(A)(ii), the Secretary of the Treasury shall

notify the Attorney General of its issuance.

(b) Service. - A subpoena issued under this section may be served

by any person who is at least 18 years of age and is designated in

the subpoena to serve it. Service upon a natural person may be

made by personal delivery of the subpoena to him. Service may be

made upon a domestic or foreign corporation or upon a partnership

or other unincorporated association which is subject to suit under

a common name, by delivering the subpoena to an officer, to a

managing or general agent, or to any other agent authorized by

appointment or by law to receive service of process. The affidavit

of the person serving the subpoena entered on a true copy thereof

by the person serving it shall be proof of service.

(c) Enforcement. - In the case of contumacy by or refusal to obey

a subpoena issued to any person, the Attorney General may invoke

the aid of any court of the United States within the jurisdiction

of which the investigation is carried on or of which the subpoenaed

person is an inhabitant, or in which he carries on business or may

be found, to compel compliance with the subpoena. The court may

issue an order requiring the subpoenaed person to appear before the

Attorney General to produce records, if so ordered, or to give

testimony concerning the production and authentication of such

records. Any failure to obey the order of the court may be

punished by the court as a contempt thereof. All process in any

such case may be served in any judicial district in which such

person may be found.

(d) Immunity From Civil Liability. - Notwithstanding any Federal,

State, or local law, any person, including officers, agents, and

employees, receiving a subpoena under this section, who complies in

good faith with the subpoena and thus produces the materials

sought, shall not be liable in any court of any State or the United

States to any customer or other person for such production or for

nondisclosure of that production to the customer.

(e) Limitation on Use. - (1) Health information about an

individual that is disclosed under this section may not be used in,

or disclosed to any person for use in, any administrative, civil,

or criminal action or investigation directed against the individual

who is the subject of the information unless the action or

investigation arises out of and is directly related to receipt of

health care or payment for health care or action involving a

fraudulent claim related to health; or if authorized by an

appropriate order of a court of competent jurisdiction, granted

after application showing good cause therefor.

(2) In assessing good cause, the court shall weigh the public

interest and the need for disclosure against the injury to the

patient, to the physician-patient relationship, and to the

treatment services.

(3) Upon the granting of such order, the court, in determining

the extent to which any disclosure of all or any part of any record

is necessary, shall impose appropriate safeguards against

unauthorized disclosure.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 248(a), Aug. 21, 1996, 110

Stat. 2018; amended Pub. L. 105-277, div. A, Sec. 101(b) (title I,

Sec. 122), Oct. 21, 1998, 112 Stat. 2681-50, 2681-72; Pub. L.

105-314, title VI, Sec. 606(a)(1), Oct. 30, 1998, 112 Stat. 2984;

Pub. L. 106-544, Sec. 5(a), (b)(1), (c), Dec. 19, 2000, 114 Stat.

2716, 2718.)

-MISC1-

PRIOR PROVISIONS

A prior section 3486, acts June 25, 1948, ch. 645, 62 Stat. 833;

Aug. 20, 1954, ch. 769, Sec. 1, 68 Stat. 745; Aug. 28, 1965, Pub.

L. 89-141, Sec. 2, 79 Stat. 581, set forth procedure for granting

of immunity to witnesses compelled to testify or produce evidence

in course of any Congressional investigation, or case or proceeding

before any grand jury or court of the United States, involving

interference with or endangering of national security or defense of

the United States, prior to repeal by Pub. L. 91-452, title II,

Sec. 228(a), Oct. 15, 1970, 84 Stat. 930, effective on sixtieth day

following Oct. 15, 1970. See section 6001 et seq. of this title.

AMENDMENTS

2000 - Pub. L. 106-544, Sec. 5(b)(1), struck out ''in Federal

health care investigations'' after ''subpoenas'' in section

catchline.

Subsec. (a)(1). Pub. L. 106-544, Sec. 5(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''In any

investigation relating to any act or activity involving a Federal

health care offense, or any act or activity involving a Federal

offense relating to the sexual exploitation or other abuse of

children, the Attorney General or the Attorney General's designee

may issue in writing and cause to be served a subpoena -

''(A) requiring the production of any records (including any

books, papers, documents, electronic media, or other objects or

tangible things), which may be relevant to an authorized law

enforcement inquiry, that a person or legal entity may possess or

have care, custody, or control; or

''(B) requiring a custodian of records to give testimony

concerning the production and authentication of such records.''

Subsec. (a)(3). Pub. L. 106-544, Sec. 5(a)(2), inserted

''relating to a Federal health care offense'' after ''production of

records'' and inserted at end ''The production of things in any

other case may be required from any place within the United States

or subject to the laws or jurisdiction of the United States.''

Subsec. (a)(4). Pub. L. 106-544, Sec. 5(c)(1), substituted

''subpoenaed'' for ''summoned''.

Subsec. (a)(5) to (10). Pub. L. 106-544, Sec. 5(a)(3), added

pars. (5) to (10).

Subsec. (d). Pub. L. 106-544, Sec. 5(c)(2), substituted

''subpoena'' for ''summons'' in two places.

1998 - Pub. L. 105-314 substituted ''Administrative subpoenas in

Federal health care investigations'' for ''Authorized investigative

demand procedures'' in section catchline.

Subsec. (a)(1). Pub. L. 105-277 inserted ''or any act or activity

involving a Federal offense relating to the sexual exploitation or

other abuse of children,'' after ''health care offense,'' in

introductory provisions.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1510 of this title.

-CITE-

18 USC Sec. 3486A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

(Sec. 3486A. Repealed. Pub. L. 106-544, Sec. 5(b)(3), Dec. 19,

2000, 114 Stat. 2718)

-MISC1-

Section, added Pub. L. 105-314, title VI, Sec. 606(a)(2), Oct.

30, 1998, 112 Stat. 2984, related to administrative subpoenas in

cases involving child abuse and child sexual exploitation.

-CITE-

18 USC Sec. 3487 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3487. Refusal to pay as evidence of embezzlement

-STATUTE-

The refusal of any person, whether in or out of office, charged

with the safe-keeping, transfer, or disbursement of the public

money to pay any draft, order, or warrant, drawn upon him by the

General Accounting Office, for any public money in his hands

belonging to the United States, no matter in what capacity the same

may have been received, or may be held, or to transfer or disburse

any such money, promptly, upon the legal requirement of any

authorized officer, shall be deemed, upon the trial of any

indictment against such person for embezzlement, prima facie

evidence of such embezzlement.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 833.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 180 (Mar. 4, 1909, ch.

321, Sec. 94, 35 Stat. 1106; June 10, 1921, ch. 18, Sec. 304, 42

Stat. 24).

''General Accounting Office'' was substituted for ''proper

accounting officer of the Treasury''.

-CITE-

18 USC Sec. 3488 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3488. Intoxicating liquor in Indian country as evidence of

unlawful introduction

-STATUTE-

The possession by a person of intoxicating liquors in Indian

country where the introduction is prohibited by treaty or Federal

statute shall be prima facie evidence of unlawful introduction.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 834.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 245 of title 25, U.S.C., 1940 ed., Indians (May

18, 1916, ch. 125, Sec. 1, 39 Stat. 124).

The only change made was the insertion of the word ''Indian''

before ''country'', to substitute specificity for generality. (See

definition of ''Indian country'' in section 1151 of this title.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1161 of this title.

-CITE-

18 USC Sec. 3489 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3489. Discovery and inspection - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Inspection of documents and papers taken from defendant, Rule 16.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 834.)

-CITE-

18 USC Sec. 3490 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3490. Official record or entry - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Proof of official record or entry as in civil actions, Rule 27.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 834.)

-CITE-

18 USC Sec. 3491 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3491. Foreign documents

-STATUTE-

Any book, paper, statement, record, account, writing, or other

document, or any portion thereof, of whatever character and in

whatever form, as well as any copy thereof equally with the

original, which is not in the United States shall, when duly

certified as provided in section 3494 of this title, be admissible

in evidence in any criminal action or proceeding in any court of

the United States if the court shall find, from all the testimony

taken with respect to such foreign document pursuant to a

commission executed under section 3492 of this title, that such

document (or the original thereof in case such document is a copy)

satisfies the authentication requirements of the Federal Rules of

Evidence, unless in the event that the genuineness of such document

is denied, any party to such criminal action or proceeding making

such denial shall establish to the satisfaction of the court that

such document is not genuine. Nothing contained herein shall be

deemed to require authentication under the provisions of section

3494 of this title of any such foreign documents which may

otherwise be properly authenticated by law.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, Sec.

52, 63 Stat. 96; Pub. L. 88-619, Sec. 2, Oct. 3, 1964, 78 Stat.

995; Pub. L. 94-149, Sec. 3, Dec. 12, 1975, 89 Stat. 806.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 695a of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 2, 49 Stat. 1562.)

1949 ACT

This section (section 52) corrects section 3491 of title 18,

U.S.C., so that the references therein will be to the correct

section numbers in title 28, U.S.C., as revised and enacted in

1948.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in text, are set out

in the Appendix to Title 28, Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

1975 - Pub. L. 94-149 substituted ''the authentication

requirements of the Federal Rules of Evidence'' for ''the

requirements of section 1732 of Title 28''.

1964 - Pub. L. 88-619 struck out ''and section 1741 of Title 28''

after ''section 3494 of this title'' in two places.

1949 - Act May 24, 1949, substituted ''section 1741'' for

''section 695e'' and ''section 1732'' for ''section 695'' wherever

appearing.

-CITE-

18 USC Sec. 3492 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3492. Commission to consular officers to authenticate foreign

documents

-STATUTE-

(a) The testimony of any witness in a foreign country may be

taken either on oral or written interrogatories, or on

interrogatories partly oral and partly written, pursuant to a

commission issued, as hereinafter provided, for the purpose of

determining whether any foreign documents sought to be used in any

criminal action or proceeding in any court of the United States are

genuine, and whether the authentication requirements of the Federal

Rules of Evidence are satisfied with respect to any such document

(or the original thereof in case such document is a copy).

Application for the issuance of a commission for such purpose may

be made to the court in which such action or proceeding is pending

by the United States or any other party thereto, after five days'

notice in writing by the applicant party, or his attorney, to the

opposite party, or his attorney of record, which notice shall state

the names and addresses of witnesses whose testimony is to be taken

and the time when it is desired to take such testimony. In

granting such application the court shall issue a commission for

the purpose of taking the testimony sought by the applicant

addressed to any consular officer of the United States conveniently

located for the purpose. In cases of testimony taken on oral or

partly oral interrogatories, the court shall make provisions in the

commission for the selection as hereinafter provided of foreign

counsel to represent each party (except the United States) to the

criminal action or proceeding in which the foreign documents in

question are to be used, unless such party has, prior to the

issuance of the commission, notified the court that he does not

desire the selection of foreign counsel to represent him at the

time of taking of such testimony. In cases of testimony taken on

written interrogatories, such provision shall be made only upon the

request of any such party prior to the issuance of such

commission. Selection of foreign counsel shall be made by the

party whom such foreign counsel is to represent within ten days

prior to the taking of testimony or by the court from which the

commission issued, upon the request of such party made within such

time.

(b) Any consular officer to whom a commission is addressed to

take testimony, who is interested in the outcome of the criminal

action or proceeding in which the foreign documents in question are

to be used or has participated in the prosecution of such action or

proceeding, whether by investigations, preparation of evidence, or

otherwise, may be disqualified on his own motion or on that of the

United States or any other party to such criminal action or

proceeding made to the court from which the commission issued at

any time prior to the execution thereof. If after notice and

hearing, the court grants the motion, it shall instruct the

consular officer thus disqualified to send the commission to any

other consular officer of the United States named by the court, and

such other officer shall execute the commission according to its

terms and shall for all purposes be deemed the officer to whom the

commission is addressed.

(c) The provisions of this section and sections 3493-3496 of this

title applicable to consular officers shall be applicable to

diplomatic officers pursuant to such regulations as may be

prescribed by the President. For purposes of this section and

sections 3493 through 3496 of this title, the term ''consular

officers'' includes any United States citizen who is designated to

perform notarial functions pursuant to section 1750 of the Revised

Statutes, as amended (22 U.S.C. 4221).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, Sec.

53, 63 Stat. 96; Pub. L. 94-149, Sec. 4, Dec. 12, 1975, 89 Stat.

806; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec.

2222(c)(2), Oct. 21, 1998, 112 Stat. 2681-818.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 695b of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 3, 49 Stat. 1562).

1949 ACT

This section (section 53) corrects section 3492(a) of title 18,

U.S.C., so that the reference in the first sentence thereof will be

to the correct section number in title 28, U.S.C., as revised and

enacted in 1948.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (a), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC2-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-277 inserted at end ''For

purposes of this section and sections 3493 through 3496 of this

title, the term 'consular officers' includes any United States

citizen who is designated to perform notarial functions pursuant to

section 1750 of the Revised Statutes, as amended (22 U.S.C.

4221).''

1975 - Subsec. (a). Pub. L. 94-149 substituted ''the

authentication requirements of the Federal Rules of Evidence'' for

''the requirements of section 1732 of Title 28''.

1949 - Subsec. (a). Act May 24, 1949, substituted ''section

1732'' for ''section 695''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3491, 3493, 3494, 3495,

3496 of this title.

-CITE-

18 USC Sec. 3493 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3493. Deposition to authenticate foreign documents

-STATUTE-

The consular officer to whom any commission authorized under

section 3492 of this title is addressed shall take testimony in

accordance with its terms. Every person whose testimony is taken

shall be cautioned and sworn to testify the whole truth and

carefully examined. His testimony shall be reduced to writing or

typewriting by the consular officer taking the testimony, or by

some person under his personal supervision, or by the witness

himself, in the presence of the consular officer and by no other

person, and shall, after it has been reduced to writing or

typewriting, be subscribed by the witness. Every foreign document,

with respect to which testimony is taken, shall be annexed to such

testimony and subscribed by each witness who appears for the

purpose of establishing the genuineness of such document. When

counsel for all the parties attend the examination of any witness

whose testimony is to be taken on written interrogatories, they may

consent that oral interrogatories in addition to those accompanying

the commission may be put to the witness. The consular officer

taking any testimony shall require an interpreter to be present

when his services are needed or are requested by any party or his

attorney.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 835.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 695c of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 4, 49 Stat. 1563).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3492, 3495, 3496 of this

title.

-CITE-

18 USC Sec. 3494 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3494. Certification of genuineness of foreign document

-STATUTE-

If the consular officer executing any commission authorized under

section 3492 of this title shall be satisfied, upon all the

testimony taken, that a foreign document is genuine, he shall

certify such document to be genuine under the seal of his office.

Such certification shall include a statement that he is not subject

to disqualification under the provisions of section 3492 of this

title. He shall thereupon transmit, by mail, such foreign

documents, together with the record of all testimony taken and the

commission which has been executed, to the clerk of the court from

which such commission issued, in the manner in which his official

dispatches are transmitted to the Government. The clerk receiving

any executed commission shall open it and shall make any foreign

documents and record of testimony, transmitted with such

commission, available for inspection by the parties to the criminal

action or proceeding in which such documents are to be used, and

said parties shall be furnished copies of such documents free of

charge.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 835.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 695d of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 5, 49 Stat. 1563).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3491, 3492, 3495, 3496 of

this title.

-CITE-

18 USC Sec. 3495 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3495. Fees and expenses of consuls, counsel, interpreters and

witnesses

-STATUTE-

(a) The consular fees prescribed under section 1201 of Title 22,

for official services in connection with the taking of testimony

under sections 3492-3494 of this title, and the fees of any witness

whose testimony is taken shall be paid by the party who applied for

the commission pursuant to which such testimony was taken. Every

witness under section 3493 of this title shall be entitled to

receive, for each day's attendance, fees prescribed under section

3496 of this title. Every foreign counsel selected pursuant to a

commission issued on application of the United States, and every

interpreter whose services are required by a consular officer under

section 3493 of this title, shall be paid by the United States,

such compensation, together with such personal and incidental

expense upon verified statements filed with the consular officer,

as he may allow. Compensation and expenses of foreign counsel

selected pursuant to a commission issued on application of any

party other than the United States shall be paid by the party whom

such counsel represents and shall be allowed in the same manner.

(b) Whenever any party makes affidavit, prior to the issuance of

a commission for the purpose of taking testimony, that he is not

possessed of sufficient means and is actually unable to pay any

fees and costs incurred under this section, such fees and costs

shall, upon order of the court, be paid in the same manner as fees

and costs are paid which are chargeable to the United States.

(c) Any appropriation available for the payment of fees and costs

in the case of witnesses subpenaed in behalf of the United States

in criminal cases shall be available for any fees or costs which

the United States is required to pay under this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, Sec.

54, 63 Stat. 96.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on section 695f of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 7, 49 Stat. 1564).

1949 ACT

This section (section 54) corrects the reference in the first

sentence of section 3495(a) of title 18, U.S.C., because the

provisions which were formerly set out as section 127 of title 22,

U.S.C., are now set out as section 1201 of such title.

-REFTEXT-

REFERENCES IN TEXT

Section 1201 of Title 22, referred to in subsec. (a), was

transferred to section 4219 of Title 22, Foreign Relations and

Intercourse.

-MISC2-

AMENDMENTS

1949 - Subsec. (a). Act May 24, 1949, substituted ''section

1201'' for ''section 127''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3492, 3496 of this title.

-CITE-

18 USC Sec. 3496 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3496. Regulations by President as to commissions, fees of

witnesses, counsel and interpreters

-STATUTE-

The President is authorized to prescribe regulations governing

the manner of executing and returning commissions by consular

officers under the provisions of sections 3492-3494 of this title

and schedules of fees allowable to witnesses, foreign counsel, and

interpreters under section 3495 of this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 836.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 695g of title 28, U.S.C., 1940 ed., Judicial

Code and Judiciary (June 20, 1936, ch. 640, Sec. 8, 49 Stat. 1564).

-EXEC-

EX. ORD. NO. 10307. DELEGATION OF AUTHORITY

Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, provided:

By virtue of the authority vested in me by the act of August 8,

1950, 64 Stat. 419 (3 U.S.C. Supp. 301-303), I hereby delegate to

the Secretary of State (1) the authority vested in the President by

section 3496 of title 18 of the United States Code (62 Stat. 836)

to prescribe regulations governing the manner of executing and

returning commissions by consular officers under the provisions of

sections 3492-3494 of the said title, and schedules of fees

allowable to witnesses, foreign counsel, and interpreters under

section 3495 of the said title, and (2) the authority vested in the

President by section 3492(c) of title 18 of the United States Code

(62 Stat. 835) to prescribe regulations making the provisions of

sections 3492-3496 of the said title applicable to diplomatic

officers.

Executive Order No. 8298 of December 4, 1939, entitled

''Regulations Governing the Manner of Executing and Returning

Commissions by Officers of the Foreign Service in Criminal Cases,

and Schedule of Fees and Compensation in Such Cases'', is hereby

revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3492, 3495 of this title.

-CITE-

18 USC Sec. 3497 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3497. Account as evidence of embezzlement

-STATUTE-

Upon the trial of any indictment against any person for

embezzling public money it shall be sufficient evidence, prima

facie, for the purpose of showing a balance against such person, to

produce a transcript from the books and proceedings of the General

Accounting Office.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 836.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 179, 355; section 668

of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (R.S.

Sec. 887; Mar. 4, 1909, ch. 321, Sec. 93, 225, 35 Stat. 1105, 1133;

June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).

This section is a consolidation of section 179 of title 18,

U.S.C., 1940 ed., with similar provisions of section 355 of title

18, U.S.C., 1940 ed., and section 668 of title 28, U.S.C., 1940

ed., Judicial Code and Judiciary, with changes of phraseology only

except that ''General Accounting Office'' was substituted for

''Treasury Department''.

Other provisions of said section 355 of title 18, U.S.C., 1940

ed., are incorporated in section 1711 of this title.

Words in second sentence of said section 355 of title 18, U.S.C.,

1940 ed., which preceded the semicolon therein and which read ''Any

failure to produce or to pay over any such money or property, when

required so to do as above provided, shall be taken to be prima

facie evidence of such embezzlement'' were omitted as surplusage,

because such failure to produce or to pay over such money or

property constitutes embezzlement. (See sections 653 and 1711 of

this title.)

-CITE-

18 USC Sec. 3498 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3498. Depositions - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Time, manner and conditions of taking depositions; costs; notice;

use; objections; written interrogatories, Rule 15.

Subpoenas on taking depositions, Rule 17(f).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 836.)

-CITE-

18 USC Sec. 3499 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3499. Contempt of court by witness - (Rule)

-STATUTE-

SEE FEDERAL RULES OF CRIMINAL PROCEDURE

Disobedience of subpoena without excuse as contempt, Rule 17(g).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 836.)

-CITE-

18 USC Sec. 3500 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3500. Demands for production of statements and reports of

witnesses

-STATUTE-

(a) In any criminal prosecution brought by the United States, no

statement or report in the possession of the United States which

was made by a Government witness or prospective Government witness

(other than the defendant) shall be the subject of subpena,

discovery, or inspection until said witness has testified on direct

examination in the trial of the case.

(b) After a witness called by the United States has testified on

direct examination, the court shall, on motion of the defendant,

order the United States to produce any statement (as hereinafter

defined) of the witness in the possession of the United States

which relates to the subject matter as to which the witness has

testified. If the entire contents of any such statement relate to

the subject matter of the testimony of the witness, the court shall

order it to be delivered directly to the defendant for his

examination and use.

(c) If the United States claims that any statement ordered to be

produced under this section contains matter which does not relate

to the subject matter of the testimony of the witness, the court

shall order the United States to deliver such statement for the

inspection of the court in camera. Upon such delivery the court

shall excise the portions of such statement which do not relate to

the subject matter of the testimony of the witness. With such

material excised, the court shall then direct delivery of such

statement to the defendant for his use. If, pursuant to such

procedure, any portion of such statement is withheld from the

defendant and the defendant objects to such withholding, and the

trial is continued to an adjudication of the guilt of the

defendant, the entire text of such statement shall be preserved by

the United States and, in the event the defendant appeals, shall be

made available to the appellate court for the purpose of

determining the correctness of the ruling of the trial judge.

Whenever any statement is delivered to a defendant pursuant to this

section, the court in its discretion, upon application of said

defendant, may recess proceedings in the trial for such time as it

may determine to be reasonably required for the examination of such

statement by said defendant and his preparation for its use in the

trial.

(d) If the United States elects not to comply with an order of

the court under subsection (b) or (c) hereof to deliver to the

defendant any such statement, or such portion thereof as the court

may direct, the court shall strike from the record the testimony of

the witness, and the trial shall proceed unless the court in its

discretion shall determine that the interests of justice require

that a mistrial be declared.

(e) The term ''statement'', as used in subsections (b), (c), and

(d) of this section in relation to any witness called by the United

States, means -

(1) a written statement made by said witness and signed or

otherwise adopted or approved by him;

(2) a stenographic, mechanical, electrical, or other recording,

or a transcription thereof, which is a substantially verbatim

recital of an oral statement made by said witness and recorded

contemporaneously with the making of such oral statement; or

(3) a statement, however taken or recorded, or a transcription

thereof, if any, made by said witness to a grand jury.

-SOURCE-

(Added Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 595; amended Pub. L.

91-452, title I, Sec. 102, Oct. 15, 1970, 84 Stat. 926.)

-MISC1-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-452, Sec. 102(a), struck out ''to

an agent of the Government'' after ''(other than the defendant)''.

Subsec. (d). Pub. L. 91-452, Sec. 102(b), substituted

''subsection'' for ''paragraph''.

Subsec. (e). Pub. L. 91-452, Sec. 102(c), (d), struck out ''or''

after ''by him;'' in par. (1), struck out ''to an agent of the

Government'' after ''said witness'' in par. (2), and added par.

(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6103.

-CITE-

18 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3501. Admissibility of confessions

-STATUTE-

(a) In any criminal prosecution brought by the United States or

by the District of Columbia, a confession, as defined in subsection

(e) hereof, shall be admissible in evidence if it is voluntarily

given. Before such confession is received in evidence, the trial

judge shall, out of the presence of the jury, determine any issue

as to voluntariness. If the trial judge determines that the

confession was voluntarily made it shall be admitted in evidence

and the trial judge shall permit the jury to hear relevant evidence

on the issue of voluntariness and shall instruct the jury to give

such weight to the confession as the jury feels it deserves under

all the circumstances.

(b) The trial judge in determining the issue of voluntariness

shall take into consideration all the circumstances surrounding the

giving of the confession, including (1) the time elapsing between

arrest and arraignment of the defendant making the confession, if

it was made after arrest and before arraignment, (2) whether such

defendant knew the nature of the offense with which he was charged

or of which he was suspected at the time of making the confession,

(3) whether or not such defendant was advised or knew that he was

not required to make any statement and that any such statement

could be used against him, (4) whether or not such defendant had

been advised prior to questioning of his right to the assistance of

counsel; and (5) whether or not such defendant was without the

assistance of counsel when questioned and when giving such

confession.

The presence or absence of any of the above-mentioned factors to

be taken into consideration by the judge need not be conclusive on

the issue of voluntariness of the confession.

(c) In any criminal prosecution by the United States or by the

District of Columbia, a confession made or given by a person who is

a defendant therein, while such person was under arrest or other

detention in the custody of any law-enforcement officer or

law-enforcement agency, shall not be inadmissible solely because of

delay in bringing such person before a magistrate judge or other

officer empowered to commit persons charged with offenses against

the laws of the United States or of the District of Columbia if

such confession is found by the trial judge to have been made

voluntarily and if the weight to be given the confession is left to

the jury and if such confession was made or given by such person

within six hours immediately following his arrest or other

detention: Provided, That the time limitation contained in this

subsection shall not apply in any case in which the delay in

bringing such person before such magistrate judge or other officer

beyond such six-hour period is found by the trial judge to be

reasonable considering the means of transportation and the distance

to be traveled to the nearest available such magistrate judge or

other officer.

(d) Nothing contained in this section shall bar the admission in

evidence of any confession made or given voluntarily by any person

to any other person without interrogation by anyone, or at any time

at which the person who made or gave such confession was not under

arrest or other detention.

(e) As used in this section, the term ''confession'' means any

confession of guilt of any criminal offense or any

self-incriminating statement made or given orally or in writing.

-SOURCE-

(Added Pub. L. 90-351, title II, Sec. 701(a), June 19, 1968, 82

Stat. 210; amended Pub. L. 90-578, title III, Sec. 301(a)(3), Oct.

17, 1968, 82 Stat. 1115; Pub. L. 101-650, title III, Sec. 321, Dec.

1, 1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1968 - Subsec. (c). Pub. L. 90-578 substituted ''magistrate'' for

''commissioner'' wherever appearing.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate''

wherever appearing in subsec. (c) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 3502 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3502. Admissibility in evidence of eye witness testimony

-STATUTE-

The testimony of a witness that he saw the accused commit or

participate in the commission of the crime for which the accused is

being tried shall be admissible in evidence in a criminal

prosecution in any trial court ordained and established under

article III of the Constitution of the United States.

-SOURCE-

(Added Pub. L. 90-351, title II, Sec. 701(a), June 19, 1968, 82

Stat. 211.)

-CITE-

18 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

(Sec. 3503. Repealed. Pub. L. 107-273, div. B, title IV, Sec.

4002(c)(3)(A), Nov. 2, 2002, 116 Stat. 1809)

-MISC1-

Section, added Pub. L. 91-452, title VI, Sec. 601(a), Oct. 15,

1970, 84 Stat. 934, related to depositions to preserve testimony.

-CITE-

18 USC Sec. 3504 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3504. Litigation concerning sources of evidence

-STATUTE-

(a) In any trial, hearing, or other proceeding in or before any

court, grand jury, department, officer, agency, regulatory body, or

other authority of the United States -

(1) upon a claim by a party aggrieved that evidence is

inadmissible because it is the primary product of an unlawful act

or because it was obtained by the exploitation of an unlawful

act, the opponent of the claim shall affirm or deny the

occurrence of the alleged unlawful act;

(2) disclosure of information for a determination if evidence

is inadmissible because it is the primary product of an unlawful

act occurring prior to June 19, 1968, or because it was obtained

by the exploitation of an unlawful act occurring prior to June

19, 1968, shall not be required unless such information may be

relevant to a pending claim of such inadmissibility; and

(3) no claim shall be considered that evidence of an event is

inadmissible on the ground that such evidence was obtained by the

exploitation of an unlawful act occurring prior to June 19, 1968,

if such event occurred more than five years after such allegedly

unlawful act.

(b) As used in this section ''unlawful act'' means any act the

use of any electronic, mechanical, or other device (as defined in

section 2510(5) of this title) in violation of the Constitution or

laws of the United States or any regulation or standard promulgated

pursuant thereto.

-SOURCE-

(Added Pub. L. 91-452, title VII, Sec. 702(a), Oct. 15, 1970, 84

Stat. 935.)

-MISC1-

CONGRESSIONAL STATEMENT OF FINDINGS

Section 701 of title VII of Pub. L. 91-452 provided that: ''The

Congress finds that claims that evidence offered in proceedings was

obtained by the exploitation of unlawful acts, and is therefore

inadmissible in evidence, (1) often cannot reliably be determined

when such claims concern evidence of events occurring years after

the allegedly unlawful act, and (2) when the allegedly unlawful act

has occurred more than five years prior to the event in question,

there is virtually no likelihood that the evidence offered to prove

the event has been obtained by the exploitation of that allegedly

unlawful act.''

APPLICABILITY TO PROCEEDINGS

Section 703 of title VII of Pub. L. 91-452 provided that: ''This

title (enacting this section and provisions set as notes under this

section) shall apply to all proceedings, regardless of when

commenced, occurring after the date of its enactment (Oct. 15,

1970). Paragraph (3) of subsection (a) of section 3504, chapter

223, title 18, United States Code, shall not apply to any

proceeding in which all information to be relied upon to establish

inadmissibility was possessed by the party making such claim and

adduced in such proceeding prior to such enactment.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1534.

-CITE-

18 USC Sec. 3505 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3505. Foreign records of regularly conducted activity

-STATUTE-

(a)(1) In a criminal proceeding in a court of the United States,

a foreign record of regularly conducted activity, or a copy of such

record, shall not be excluded as evidence by the hearsay rule if a

foreign certification attests that -

(A) such record was made, at or near the time of the occurrence

of the matters set forth, by (or from information transmitted by)

a person with knowledge of those matters;

(B) such record was kept in the course of a regularly conducted

business activity;

(C) the business activity made such a record as a regular

practice; and

(D) if such record is not the original, such record is a

duplicate of the original;

unless the source of information or the method or circumstances of

preparation indicate lack of trustworthiness.

(2) A foreign certification under this section shall authenticate

such record or duplicate.

(b) At the arraignment or as soon after the arraignment as

practicable, a party intending to offer in evidence under this

section a foreign record of regularly conducted activity shall

provide written notice of that intention to each other party. A

motion opposing admission in evidence of such record shall be made

by the opposing party and determined by the court before trial.

Failure by a party to file such motion before trial shall

constitute a waiver of objection to such record or duplicate, but

the court for cause shown may grant relief from the waiver.

(c) As used in this section, the term -

(1) ''foreign record of regularly conducted activity'' means a

memorandum, report, record, or data compilation, in any form, of

acts, events, conditions, opinions, or diagnoses, maintained in a

foreign country;

(2) ''foreign certification'' means a written declaration made

and signed in a foreign country by the custodian of a foreign

record of regularly conducted activity or another qualified

person that, if falsely made, would subject the maker to criminal

penalty under the laws of that country; and

(3) ''business'' includes business, institution, association,

profession, occupation, and calling of every kind, whether or not

conducted for profit.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98

Stat. 2165.)

-MISC1-

EFFECTIVE DATE

Section 1220 of part K (Sec. 1217-1220) of chapter XII of title

II of Pub. L. 98-473 provided that: ''This part and the amendments

made by this part (enacting this section and sections 3292, 3506,

and 3507 of this title and amending section 3161 of this title)

shall take effect thirty days after the date of the enactment of

this Act (Oct. 12, 1984).''

-CITE-

18 USC Sec. 3506 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3506. Service of papers filed in opposition to official

request by United States to foreign government for criminal

evidence

-STATUTE-

(a) Except as provided in subsection (b) of this section, any

national or resident of the United States who submits, or causes to

be submitted, a pleading or other document to a court or other

authority in a foreign country in opposition to an official request

for evidence of an offense shall serve such pleading or other

document on the Attorney General at the time such pleading or other

document is submitted.

(b) Any person who is a party to a criminal proceeding in a court

of the United States who submits, or causes to be submitted, a

pleading or other document to a court or other authority in a

foreign country in opposition to an official request for evidence

of an offense that is a subject of such proceeding shall serve such

pleading or other document on the appropriate attorney for the

Government, pursuant to the Federal Rules of Criminal Procedure, at

the time such pleading or other document is submitted.

(c) As used in this section, the term ''official request'' means

a letter rogatory, a request under a treaty or convention, or any

other request for evidence made by a court of the United States or

an authority of the United States having criminal law enforcement

responsibility, to a court or other authority of a foreign country.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98

Stat. 2166.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 12, 1984, see section 1220

of Pub. L. 98-473, set out as a note under section 3505 of this

title.

-CITE-

18 USC Sec. 3507 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3507. Special master at foreign deposition

-STATUTE-

Upon application of a party to a criminal case, a United States

district court before which the case is pending may, to the extent

permitted by a foreign country, appoint a special master to carry

out at a deposition taken in that country such duties as the court

may direct, including presiding at the deposition or serving as an

advisor on questions of United States law. Notwithstanding any

other provision of law, a special master appointed under this

section shall not decide questions of privilege under foreign law.

The refusal of a court to appoint a special master under this

section, or of the foreign country to permit a special master

appointed under this section to carry out a duty at a deposition in

that country, shall not affect the admissibility in evidence of a

deposition taken under the provisions of the Federal Rules of

Criminal Procedure.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98

Stat. 2166.)

-MISC1-

EFFECTIVE DATE

Section effective 30 days after Oct. 12, 1984, see section 1220

of Pub. L. 98-473, set out as a note under section 3505 of this

title.

-CITE-

18 USC Sec. 3508 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3508. Custody and return of foreign witnesses

-STATUTE-

(a) When the testimony of a person who is serving a sentence, is

in pretrial detention, or is otherwise being held in custody, in a

foreign country, is needed in a State or Federal criminal

proceeding, the Attorney General shall, when he deems it

appropriate in the exercise of his discretion, have the authority

to request the temporary transfer of that person to the United

States for the purposes of giving such testimony, to transport such

person to the United States in custody, to maintain the custody of

such person while he is in the United States, and to return such

person to the foreign country.

(b) Where the transfer to the United States of a person in

custody for the purposes of giving testimony is provided for by

treaty or convention, by this section, or both, that person shall

be returned to the foreign country from which he is transferred.

In no event shall the return of such person require any request for

extradition or extradition proceedings, or proceedings under the

immigration laws.

(c) Where there is a treaty or convention between the United

States and the foreign country in which the witness is being held

in custody which provides for the transfer, custody and return of

such witnesses, the terms and conditions of that treaty shall

apply. Where there is no such treaty or convention, the Attorney

General may exercise the authority described in paragraph (a) if

both the foreign country and the witness give their consent.

-SOURCE-

(Added Pub. L. 100-690, title VI, Sec. 6484(a), Nov. 18, 1988, 102

Stat. 4384.)

-REFTEXT-

REFERENCES IN TEXT

The immigration laws, referred to in subsec. (b), are classified

generally to Title 8, Aliens and Nationality. See also section

1101(a)(17) of Title 8.

-CITE-

18 USC Sec. 3509 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

-HEAD-

Sec. 3509. Child victims' and child witnesses' rights

-STATUTE-

(a) Definitions. - For purposes of this section -

(1) the term ''adult attendant'' means an adult described in

subsection (i) who accompanies a child throughout the judicial

process for the purpose of providing emotional support;

(2) the term ''child'' means a person who is under the age of

18, who is or is alleged to be -

(A) a victim of a crime of physical abuse, sexual abuse, or

exploitation; or

(B) a witness to a crime committed against another person;

(3) the term ''child abuse'' means the physical or mental

injury, sexual abuse or exploitation, or negligent treatment of a

child;

(4) the term ''physical injury'' includes lacerations,

fractured bones, burns, internal injuries, severe bruising or

serious bodily harm;

(5) the term ''mental injury'' means harm to a child's

psychological or intellectual functioning which may be exhibited

by severe anxiety, depression, withdrawal or outward aggressive

behavior, or a combination of those behaviors, which may be

demonstrated by a change in behavior, emotional response, or

cognition;

(6) the term ''exploitation'' means child pornography or child

prostitution;

(7) the term ''multidisciplinary child abuse team'' means a

professional unit composed of representatives from health, social

service, law enforcement, and legal service agencies to

coordinate the assistance needed to handle cases of child abuse;

(8) the term ''sexual abuse'' includes the employment, use,

persuasion, inducement, enticement, or coercion of a child to

engage in, or assist another person to engage in, sexually

explicit conduct or the rape, molestation, prostitution, or other

form of sexual exploitation of children, or incest with children;

(9) the term ''sexually explicit conduct'' means actual or

simulated -

(A) sexual intercourse, including sexual contact in the

manner of genital-genital, oral-genital, anal-genital, or

oral-anal contact, whether between persons of the same or of

opposite sex; sexual contact means the intentional touching,

either directly or through clothing, of the genitalia, anus,

groin, breast, inner thigh, or buttocks of any person with an

intent to abuse, humiliate, harass, degrade, or arouse or

gratify sexual desire of any person;

(B) bestiality;

(C) masturbation;

(D) lascivious exhibition of the genitals or pubic area of a

person or animal; or

(E) sadistic or masochistic abuse;

(10) the term ''sex crime'' means an act of sexual abuse that

is a criminal act;

(11) the term ''negligent treatment'' means the failure to

provide, for reasons other than poverty, adequate food, clothing,

shelter, or medical care so as to seriously endanger the physical

health of the child; and

(12) the term ''child abuse'' does not include discipline

administered by a parent or legal guardian to his or her child

provided it is reasonable in manner and moderate in degree and

otherwise does not constitute cruelty.

(b) Alternatives to Live In-Court Testimony. -

(1) Child's live testimony by 2-way closed circuit television.

-

(A) In a proceeding involving an alleged offense against a

child, the attorney for the Government, the child's attorney,

or a guardian ad litem appointed under subsection (h) may apply

for an order that the child's testimony be taken in a room

outside the courtroom and be televised by 2-way closed circuit

television. The person seeking such an order shall apply for

such an order at least 5 days before the trial date, unless the

court finds on the record that the need for such an order was

not reasonably foreseeable.

(B) The court may order that the testimony of the child be

taken by closed-circuit television as provided in subparagraph

(A) if the court finds that the child is unable to testify in

open court in the presence of the defendant, for any of the

following reasons:

(i) The child is unable to testify because of fear.

(ii) There is a substantial likelihood, established by

expert testimony, that the child would suffer emotional

trauma from testifying.

(iii) The child suffers a mental or other infirmity.

(iv) Conduct by defendant or defense counsel causes the

child to be unable to continue testifying.

(C) The court shall support a ruling on the child's inability

to testify with findings on the record. In determining whether

the impact on an individual child of one or more of the factors

described in subparagraph (B) is so substantial as to justify

an order under subparagraph (A), the court may question the

minor in chambers, or at some other comfortable place other

than the courtroom, on the record for a reasonable period of

time with the child attendant, the prosecutor, the child's

attorney, the guardian ad litem, and the defense counsel

present.

(D) If the court orders the taking of testimony by

television, the attorney for the Government and the attorney

for the defendant not including an attorney pro se for a party

shall be present in a room outside the courtroom with the child

and the child shall be subjected to direct and

cross-examination. The only other persons who may be permitted

in the room with the child during the child's testimony are -

(i) the child's attorney or guardian ad litem appointed

under subsection (h);

(ii) persons necessary to operate the closed-circuit

television equipment;

(iii) a judicial officer, appointed by the court; and

(iv) other persons whose presence is determined by the

court to be necessary to the welfare and well-being of the

child, including an adult attendant.

The child's testimony shall be transmitted by closed circuit

television into the courtroom for viewing and hearing by the

defendant, jury, judge, and public. The defendant shall be

provided with the means of private, contemporaneous communication

with the defendant's attorney during the testimony. The closed

circuit television transmission shall relay into the room in

which the child is testifying the defendant's image, and the

voice of the judge.

(2) Videotaped deposition of child. - (A) In a proceeding

involving an alleged offense against a child, the attorney for

the Government, the child's attorney, the child's parent or legal

guardian, or the guardian ad litem appointed under subsection (h)

may apply for an order that a deposition be taken of the child's

testimony and that the deposition be recorded and preserved on

videotape.

(B)(i) Upon timely receipt of an application described in

subparagraph (A), the court shall make a preliminary finding

regarding whether at the time of trial the child is likely to be

unable to testify in open court in the physical presence of the

defendant, jury, judge, and public for any of the following

reasons:

(I) The child will be unable to testify because of fear.

(II) There is a substantial likelihood, established by expert

testimony, that the child would suffer emotional trauma from

testifying in open court.

(III) The child suffers a mental or other infirmity.

(IV) Conduct by defendant or defense counsel causes the child

to be unable to continue testifying.

(ii) If the court finds that the child is likely to be unable

to testify in open court for any of the reasons stated in clause

(i), the court shall order that the child's deposition be taken

and preserved by videotape.

(iii) The trial judge shall preside at the videotape deposition

of a child and shall rule on all questions as if at trial. The

only other persons who may be permitted to be present at the

proceeding are -

(I) the attorney for the Government;

(II) the attorney for the defendant;

(III) the child's attorney or guardian ad litem appointed

under subsection (h);

(IV) persons necessary to operate the videotape equipment;

(V) subject to clause (iv), the defendant; and

(VI) other persons whose presence is determined by the court

to be necessary to the welfare and well-being of the child.

The defendant shall be afforded the rights applicable to

defendants during trial, including the right to an attorney, the

right to be confronted with the witness against the defendant,

and the right to cross-examine the child.

(iv) If the preliminary finding of inability under clause (i)

is based on evidence that the child is unable to testify in the

physical presence of the defendant, the court may order that the

defendant, including a defendant represented pro se, be excluded

from the room in which the deposition is conducted. If the court

orders that the defendant be excluded from the deposition room,

the court shall order that 2-way closed circuit television

equipment relay the defendant's image into the room in which the

child is testifying, and the child's testimony into the room in

which the defendant is viewing the proceeding, and that the

defendant be provided with a means of private, contemporaneous

communication with the defendant's attorney during the

deposition.

(v) Handling of videotape. - The complete record of the

examination of the child, including the image and voices of all

persons who in any way participate in the examination, shall be

made and preserved on video tape in addition to being

stenographically recorded. The videotape shall be transmitted to

the clerk of the court in which the action is pending and shall

be made available for viewing to the prosecuting attorney, the

defendant, and the defendant's attorney during ordinary business

hours.

(C) If at the time of trial the court finds that the child is

unable to testify as for a reason described in subparagraph

(B)(i), the court may admit into evidence the child's videotaped

deposition in lieu of the child's testifying at the trial. The

court shall support a ruling under this subparagraph with

findings on the record.

(D) Upon timely receipt of notice that new evidence has been

discovered after the original videotaping and before or during

trial, the court, for good cause shown, may order an additional

videotaped deposition. The testimony of the child shall be

restricted to the matters specified by the court as the basis for

granting the order.

(E) In connection with the taking of a videotaped deposition

under this paragraph, the court may enter a protective order for

the purpose of protecting the privacy of the child.

(F) The videotape of a deposition taken under this paragraph

shall be destroyed 5 years after the date on which the trial

court entered its judgment, but not before a final judgment is

entered on appeal including Supreme Court review. The videotape

shall become part of the court record and be kept by the court

until it is destroyed.

(c) Competency Examinations. -

(1) Effect of federal rules of evidence. - Nothing in this

subsection shall be construed to abrogate rule 601 of the Federal

Rules of Evidence.

(2) Presumption. - A child is presumed to be competent.

(3) Requirement of written motion. - A competency examination

regarding a child witness may be conducted by the court only upon

written motion and offer of proof of incompetency by a party.

(4) Requirement of compelling reasons. - A competency

examination regarding a child may be conducted only if the court

determines, on the record, that compelling reasons exist. A

child's age alone is not a compelling reason.

(5) Persons permitted to be present. - The only persons who may

be permitted to be present at a competency examination are -

(A) the judge;

(B) the attorney for the Government;

(C) the attorney for the defendant;

(D) a court reporter; and

(E) persons whose presence, in the opinion of the court, is

necessary to the welfare and well-being of the child, including

the child's attorney, guardian ad litem, or adult attendant.

(6) Not before jury. - A competency examination regarding a

child witness shall be conducted out of the sight and hearing of

a jury.

(7) Direct examination of child. - Examination of a child

related to competency shall normally be conducted by the court on

the basis of questions submitted by the attorney for the

Government and the attorney for the defendant including a party

acting as an attorney pro se. The court may permit an attorney

but not a party acting as an attorney pro se to examine a child

directly on competency if the court is satisfied that the child

will not suffer emotional trauma as a result of the examination.

(8) Appropriate questions. - The questions asked at the

competency examination of a child shall be appropriate to the age

and developmental level of the child, shall not be related to the

issues at trial, and shall focus on determining the child's

ability to understand and answer simple questions.

(9) Psychological and psychiatric examinations. - Psychological

and psychiatric examinations to assess the competency of a child

witness shall not be ordered without a showing of compelling

need.

(d) Privacy Protection. -

(1) Confidentiality of information. - (A) A person acting in a

capacity described in subparagraph (B) in connection with a

criminal proceeding shall -

(i) keep all documents that disclose the name or any other

information concerning a child in a secure place to which no

person who does not have reason to know their contents has

access; and

(ii) disclose documents described in clause (i) or the

information in them that concerns a child only to persons who,

by reason of their participation in the proceeding, have reason

to know such information.

(B) Subparagraph (A) applies to -

(i) all employees of the Government connected with the case,

including employees of the Department of Justice, any law

enforcement agency involved in the case, and any person hired

by the Government to provide assistance in the proceeding;

(ii) employees of the court;

(iii) the defendant and employees of the defendant, including

the attorney for the defendant and persons hired by the

defendant or the attorney for the defendant to provide

assistance in the proceeding; and

(iv) members of the jury.

(2) Filing under seal. - All papers to be filed in court that

disclose the name of or any other information concerning a child

shall be filed under seal without necessity of obtaining a court

order. The person who makes the filing shall submit to the clerk

of the court -

(A) the complete paper to be kept under seal; and

(B) the paper with the portions of it that disclose the name

of or other information concerning a child redacted, to be

placed in the public record.

(3) Protective orders. - (A) On motion by any person the court

may issue an order protecting a child from public disclosure of

the name of or any other information concerning the child in the

course of the proceedings, if the court determines that there is

a significant possibility that such disclosure would be

detrimental to the child.

(B) A protective order issued under subparagraph (A) may -

(i) provide that the testimony of a child witness, and the

testimony of any other witness, when the attorney who calls the

witness has reason to anticipate that the name of or any other

information concerning a child may be divulged in the

testimony, be taken in a closed courtroom; and

(ii) provide for any other measures that may be necessary to

protect the privacy of the child.

(4) Disclosure of information. - This subsection does not

prohibit disclosure of the name of or other information

concerning a child to the defendant, the attorney for the

defendant, a multidisciplinary child abuse team, a guardian ad

litem, or an adult attendant, or to anyone to whom, in the

opinion of the court, disclosure is necessary to the welfare and

well-being of the child.

(e) Closing the Courtroom. - When a child testifies the court may

order the exclusion from the courtroom of all persons, including

members of the press, who do not have a direct interest in the

case. Such an order may be made if the court determines on the

record that requiring the child to testify in open court would

cause substantial psychological harm to the child or would result

in the child's inability to effectively communicate. Such an order

shall be narrowly tailored to serve the Government's specific

compelling interest.

(f) Victim Impact Statement. - In preparing the presentence

report pursuant to rule 32(c) of the Federal Rules of Criminal

Procedure, the probation officer shall request information from the

multidisciplinary child abuse team and other appropriate sources to

determine the impact of the offense on the child victim and any

other children who may have been affected. A guardian ad litem

appointed under subsection (h) shall make every effort to obtain

and report information that accurately expresses the child's and

the family's views concerning the child's victimization. A

guardian ad litem shall use forms that permit the child to express

the child's views concerning the personal consequences of the

child's victimization, at a level and in a form of communication

commensurate with the child's age and ability.

(g) Use of Multidisciplinary Child Abuse Teams. -

(1) In general. - A multidisciplinary child abuse team shall be

used when it is feasible to do so. The court shall work with

State and local governments that have established

multidisciplinary child abuse teams designed to assist child

victims and child witnesses, and the court and the attorney for

the Government shall consult with the multidisciplinary child

abuse team as appropriate.

(2) Role of multidisciplinary child abuse teams. - The role of

the multidisciplinary child abuse team shall be to provide for a

child services that the members of the team in their professional

roles are capable of providing, including -

(A) medical diagnoses and evaluation services, including

provision or interpretation of x-rays, laboratory tests, and

related services, as needed, and documentation of findings;

(B) telephone consultation services in emergencies and in

other situations;

(C) medical evaluations related to abuse or neglect;

(D) psychological and psychiatric diagnoses and evaluation

services for the child, parent or parents, guardian or

guardians, or other caregivers, or any other individual

involved in a child victim or child witness case;

(E) expert medical, psychological, and related professional

testimony;

(F) case service coordination and assistance, including the

location of services available from public and private agencies

in the community; and

(G) training services for judges, litigators, court officers

and others that are involved in child victim and child witness

cases, in handling child victims and child witnesses.

(h) Guardian Ad Litem. -

(1) In general. - The court may appoint a guardian ad litem for

a child who was a victim of, or a witness to, a crime involving

abuse or exploitation to protect the best interests of the

child. In making the appointment, the court shall consider a

prospective guardian's background in, and familiarity with, the

judicial process, social service programs, and child abuse

issues. The guardian ad litem shall not be a person who is or

may be a witness in a proceeding involving the child for whom the

guardian is appointed.

(2) Duties of guardian ad litem. - A guardian ad litem may

attend all the depositions, hearings, and trial proceedings in

which a child participates, and make recommendations to the court

concerning the welfare of the child. The guardian ad litem may

have access to all reports, evaluations and records, except

attorney's work product, necessary to effectively advocate for

the child. (The extent of access to grand jury materials is

limited to the access routinely provided to victims and their

representatives.) A guardian ad litem shall marshal and

coordinate the delivery of resources and special services to the

child. A guardian ad litem shall not be compelled to testify in

any court action or proceeding concerning any information or

opinion received from the child in the course of serving as a

guardian ad litem.

(3) Immunities. - A guardian ad litem shall be presumed to be

acting in good faith and shall be immune from civil and criminal

liability for complying with the guardian's lawful duties

described in paragraph (2).

(i) Adult Attendant. - A child testifying at or attending a

judicial proceeding shall have the right to be accompanied by an

adult attendant to provide emotional support to the child. The

court, at its discretion, may allow the adult attendant to remain

in close physical proximity to or in contact with the child while

the child testifies. The court may allow the adult attendant to

hold the child's hand or allow the child to sit on the adult

attendant's lap throughout the course of the proceeding. An adult

attendant shall not provide the child with an answer to any

question directed to the child during the course of the child's

testimony or otherwise prompt the child. The image of the child

attendant, for the time the child is testifying or being deposed,

shall be recorded on videotape.

(j) Speedy Trial. - In a proceeding in which a child is called to

give testimony, on motion by the attorney for the Government or a

guardian ad litem, or on its own motion, the court may designate

the case as being of special public importance. In cases so

designated, the court shall, consistent with these rules, expedite

the proceeding and ensure that it takes precedence over any other.

The court shall ensure a speedy trial in order to minimize the

length of time the child must endure the stress of involvement with

the criminal process. When deciding whether to grant a

continuance, the court shall take into consideration the age of the

child and the potential adverse impact the delay may have on the

child's well-being. The court shall make written findings of fact

and conclusions of law when granting a continuance in cases

involving a child.

(k) Stay of Civil Action. - If, at any time that a cause of

action for recovery of compensation for damage or injury to the

person of a child exists, a criminal action is pending which arises

out of the same occurrence and in which the child is the victim,

the civil action shall be stayed until the end of all phases of the

criminal action and any mention of the civil action during the

criminal proceeding is prohibited. As used in this subsection, a

criminal action is pending until its final adjudication in the

trial court.

(l) Testimonial Aids. - The court may permit a child to use

anatomical dolls, puppets, drawings, mannequins, or any other

demonstrative device the court deems appropriate for the purpose of

assisting a child in testifying.

-SOURCE-

(Added Pub. L. 101-647, title II, Sec. 225(a), Nov. 29, 1990, 104

Stat. 4798; amended Pub. L. 103-322, title XXXIII, Sec. 330010(6),

(7), 330011(e), 330018(b), Sept. 13, 1994, 108 Stat. 2143, 2145,

2149; Pub. L. 104-294, title VI, Sec. 605(h), Oct. 11, 1996, 110

Stat. 3510.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c)(1), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec.

(f), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-294, Sec. 605(h)(1), substituted

''serve the Government's'' for ''serve the government's''.

Subsec. (h)(3). Pub. L. 104-294, Sec. 605(h)(2), substituted ''in

paragraph (2)'' for ''in subpart (2)''.

1994 - Pub. L. 103-322, Sec. 330011(e), made technical amendment

to directory language of Pub. L. 101-647, Sec. 225(a), which

enacted this section.

Pub. L. 103-322, Sec. 330010(7)(B), substituted ''Government''

for ''government'' in subsecs. (b)(1)(A), (D), (2)(A), and

(c)(5)(B), in subsec. (d)(1)(B)(i) after ''hired by the'', and in

subsec. (g)(1).

Pub. L. 103-322, Sec. 330010(7)(A), substituted ''subsection''

for ''subdivision'' in subsecs. (b)(1)(A), (D)(i), (2)(A),

(B)(iii)(III), (c)(1), (d)(4), and (f).

Subsec. (a)(11) to (13). Pub. L. 103-322, Sec. 330010(6),

redesignated pars. (12) and (13) as (11) and (12), respectively,

and struck out former par. (11) which read as follows: ''the term

'exploitation' means child pornography or child prostitution;''.

Subsec. (k). Pub. L. 103-322, Sec. 330018(b), substituted heading

for one which read ''Extension of Child Statute of Limitations''

and struck out first sentence which read as follows: ''No statute

of limitation that would otherwise preclude prosecution for an

offense involving the sexual or physical abuse of a child under the

age of 18 years shall preclude such prosecution before the child

reaches the age of 25 years.''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(e) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of the date on which section

225(a) of Pub. L. 101-647 took effect.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 403 of this title.

-CITE-

18 USC Sec. 3510 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 223 - WITNESSES AND EVIDENCE

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Sec. 3510. Rights of victims to attend and observe trial

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(a) Non-Capital Cases. - Notwithstanding any statute, rule, or

other provision of law, a United States district court shall not

order any victim of an offense excluded from the trial of a

defendant accused of that offense because such victim may, during

the sentencing hearing, make a statement or present any information

in relation to the sentence.

(b) Capital Cases. - Notwithstanding any statute, rule, or other

provision of law, a United States district court shall not order

any victim of an offense excluded from the trial of a defendant

accused of that offense because such victim may, during the

sentencing hearing, testify as to the effect of the offense on the

victim and the victim's family or as to any other factor for which

notice is required under section 3593(a).

(c) Definition. - As used in this section, the term ''victim''

includes all persons defined as victims in section 503(e)(2) of the

Victims' Rights and Restitution Act of 1990.

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(Added Pub. L. 105-6, Sec. 2(a), Mar. 19, 1997, 111 Stat. 12.)

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REFERENCES IN TEXT

Section 503(e)(2) of the Victims' Rights and Restitution Act of

1990, referred to in subsec. (c), is classified to section

10607(e)(2) of Title 42, The Public Health and Welfare.

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EFFECTIVE DATE

Section 2(d) of Pub. L. 105-6 provided that: ''The amendments

made by this section (enacting this section and amending section

3593 of this title) shall apply in cases pending on the date of the

enactment of this Act (Mar. 19, 1997).''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3593 of this title.

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