-CITE-

18 USC CHAPTER 208 - SPEEDY TRIAL 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

.

-HEAD-

CHAPTER 208 - SPEEDY TRIAL

-MISC1-

Sec.

3161. Time limits and exclusions.

3162. Sanctions.

3163. Effective dates.

3164. Persons detained or designated as being of high risk.

3165. District plans - generally.

3166. District plans - contents.

3167. Reports to Congress.

3168. Planning process.

3169. Federal Judicial Center.

3170. Speedy trial data.

3171. Planning appropriations.

3172. Definitions.

3173. Sixth amendment rights.

3174. Judicial emergency and implementation.

AMENDMENTS

1979 - Pub. L. 96-43, Sec. 11, Aug. 2, 1979, 93 Stat. 332,

substituted ''Persons detained or designated as being of high

risk'' for ''Interim limits'' in item 3164 and inserted ''and

implementation'' in item 3174.

1975 - Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2076, added chapter 208 and items 3161 to 3174.

-CITE-

18 USC Sec. 3161 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3161. Time limits and exclusions

-STATUTE-

(a) In any case involving a defendant charged with an offense,

the appropriate judicial officer, at the earliest practicable time,

shall, after consultation with the counsel for the defendant and

the attorney for the Government, set the case for trial on a day

certain, or list it for trial on a weekly or other short-term trial

calendar at a place within the judicial district, so as to assure a

speedy trial.

(b) Any information or indictment charging an individual with the

commission of an offense shall be filed within thirty days from the

date on which such individual was arrested or served with a summons

in connection with such charges. If an individual has been charged

with a felony in a district in which no grand jury has been in

session during such thirty-day period, the period of time for

filing of the indictment shall be extended an additional thirty

days.

(c)(1) In any case in which a plea of not guilty is entered, the

trial of a defendant charged in an information or indictment with

the commission of an offense shall commence within seventy days

from the filing date (and making public) of the information or

indictment, or from the date the defendant has appeared before a

judicial officer of the court in which such charge is pending,

whichever date last occurs. If a defendant consents in writing to

be tried before a magistrate judge on a complaint, the trial shall

commence within seventy days from the date of such consent.

(2) Unless the defendant consents in writing to the contrary, the

trial shall not commence less than thirty days from the date on

which the defendant first appears through counsel or expressly

waives counsel and elects to proceed pro se.

(d)(1) If any indictment or information is dismissed upon motion

of the defendant, or any charge contained in a complaint filed

against an individual is dismissed or otherwise dropped, and

thereafter a complaint is filed against such defendant or

individual charging him with the same offense or an offense based

on the same conduct or arising from the same criminal episode, or

an information or indictment is filed charging such defendant with

the same offense or an offense based on the same conduct or arising

from the same criminal episode, the provisions of subsections (b)

and (c) of this section shall be applicable with respect to such

subsequent complaint, indictment, or information, as the case may

be.

(2) If the defendant is to be tried upon an indictment or

information dismissed by a trial court and reinstated following an

appeal, the trial shall commence within seventy days from the date

the action occasioning the trial becomes final, except that the

court retrying the case may extend the period for trial not to

exceed one hundred and eighty days from the date the action

occasioning the trial becomes final if the unavailability of

witnesses or other factors resulting from the passage of time shall

make trial within seventy days impractical. The periods of delay

enumerated in section 3161(h) are excluded in computing the time

limitations specified in this section. The sanctions of section

3162 apply to this subsection.

(e) If the defendant is to be tried again following a declaration

by the trial judge of a mistrial or following an order of such

judge for a new trial, the trial shall commence within seventy days

from the date the action occasioning the retrial becomes final. If

the defendant is to be tried again following an appeal or a

collateral attack, the trial shall commence within seventy days

from the date the action occasioning the retrial becomes final,

except that the court retrying the case may extend the period for

retrial not to exceed one hundred and eighty days from the date the

action occasioning the retrial becomes final if unavailability of

witnesses or other factors resulting from passage of time shall

make trial within seventy days impractical. The periods of delay

enumerated in section 3161(h) are excluded in computing the time

limitations specified in this section. The sanctions of section

3162 apply to this subsection.

(f) Notwithstanding the provisions of subsection (b) of this

section, for the first twelve-calendar-month period following the

effective date of this section as set forth in section 3163(a) of

this chapter the time limit imposed with respect to the period

between arrest and indictment by subsection (b) of this section

shall be sixty days, for the second such twelve-month period such

time limit shall be forty-five days and for the third such period

such time limit shall be thirty-five days.

(g) Notwithstanding the provisions of subsection (c) of this

section, for the first twelve-calendar-month period following the

effective date of this section as set forth in section 3163(b) of

this chapter, the time limit with respect to the period between

arraignment and trial imposed by subsection (c) of this section

shall be one hundred and eighty days, for the second such

twelve-month period such time limit shall be one hundred and twenty

days, and for the third such period such time limit with respect to

the period between arraignment and trial shall be eighty days.

(h) The following periods of delay shall be excluded in computing

the time within which an information or an indictment must be

filed, or in computing the time within which the trial of any such

offense must commence:

(1) Any period of delay resulting from other proceedings

concerning the defendant, including but not limited to -

(A) delay resulting from any proceeding, including any

examinations, to determine the mental competency or physical

capacity of the defendant;

(B) delay resulting from any proceeding, including any

examination of the defendant, pursuant to section 2902

(FOOTNOTE 1) of title 28, United States Code;

(FOOTNOTE 1) See References in Text note below.

(C) delay resulting from deferral of prosecution pursuant to

section 2902 (FOOTNOTE 1) of title 28, United States Code;

(D) delay resulting from trial with respect to other charges

against the defendant;

(E) delay resulting from any interlocutory appeal;

(F) delay resulting from any pretrial motion, from the filing

of the motion through the conclusion of the hearing on, or

other prompt disposition of, such motion;

(G) delay resulting from any proceeding relating to the

transfer of a case or the removal of any defendant from another

district under the Federal Rules of Criminal Procedure;

(H) delay resulting from transportation of any defendant from

another district, or to and from places of examination or

hospitalization, except that any time consumed in excess of ten

days from the date an order of removal or an order directing

such transportation, and the defendant's arrival at the

destination shall be presumed to be unreasonable;

(I) delay resulting from consideration by the court of a

proposed plea agreement to be entered into by the defendant and

the attorney for the Government; and

(J) delay reasonably attributable to any period, not to

exceed thirty days, during which any proceeding concerning the

defendant is actually under advisement by the court.

(2) Any period of delay during which prosecution is deferred by

the attorney for the Government pursuant to written agreement

with the defendant, with the approval of the court, for the

purpose of allowing the defendant to demonstrate his good

conduct.

(3)(A) Any period of delay resulting from the absence or

unavailability of the defendant or an essential witness.

(B) For purposes of subparagraph (A) of this paragraph, a

defendant or an essential witness shall be considered absent when

his whereabouts are unknown and, in addition, he is attempting to

avoid apprehension or prosecution or his whereabouts cannot be

determined by due diligence. For purposes of such subparagraph,

a defendant or an essential witness shall be considered

unavailable whenever his whereabouts are known but his presence

for trial cannot be obtained by due diligence or he resists

appearing at or being returned for trial.

(4) Any period of delay resulting from the fact that the

defendant is mentally incompetent or physically unable to stand

trial.

(5) Any period of delay resulting from the treatment of the

defendant pursuant to section 2902 (FOOTNOTE 1) of title 28,

United States Code.

(6) If the information or indictment is dismissed upon motion

of the attorney for the Government and thereafter a charge is

filed against the defendant for the same offense, or any offense

required to be joined with that offense, any period of delay from

the date the charge was dismissed to the date the time limitation

would commence to run as to the subsequent charge had there been

no previous charge.

(7) A reasonable period of delay when the defendant is joined

for trial with a codefendant as to whom the time for trial has

not run and no motion for severance has been granted.

(8)(A) Any period of delay resulting from a continuance granted

by any judge on his own motion or at the request of the defendant

or his counsel or at the request of the attorney for the

Government, if the judge granted such continuance on the basis of

his findings that the ends of justice served by taking such

action outweigh the best interest of the public and the defendant

in a speedy trial. No such period of delay resulting from a

continuance granted by the court in accordance with this

paragraph shall be excludable under this subsection unless the

court sets forth, in the record of the case, either orally or in

writing, its reasons for finding that the ends of justice served

by the granting of such continuance outweigh the best interests

of the public and the defendant in a speedy trial.

(B) The factors, among others, which a judge shall consider in

determining whether to grant a continuance under subparagraph (A)

of this paragraph in any case are as follows:

(i) Whether the failure to grant such a continuance in the

proceeding would be likely to make a continuation of such

proceeding impossible, or result in a miscarriage of justice.

(ii) Whether the case is so unusual or so complex, due to the

number of defendants, the nature of the prosecution, or the

existence of novel questions of fact or law, that it is

unreasonable to expect adequate preparation for pretrial

proceedings or for the trial itself within the time limits

established by this section.

(iii) Whether, in a case in which arrest precedes indictment,

delay in the filing of the indictment is caused because the

arrest occurs at a time such that it is unreasonable to expect

return and filing of the indictment within the period specified

in section 3161(b), or because the facts upon which the grand

jury must base its determination are unusual or complex.

(iv) Whether the failure to grant such a continuance in a

case which, taken as a whole, is not so unusual or so complex

as to fall within clause (ii), would deny the defendant

reasonable time to obtain counsel, would unreasonably deny the

defendant or the Government continuity of counsel, or would

deny counsel for the defendant or the attorney for the

Government the reasonable time necessary for effective

preparation, taking into account the exercise of due diligence.

(C) No continuance under subparagraph (A) of this paragraph

shall be granted because of general congestion of the court's

calendar, or lack of diligent preparation or failure to obtain

available witnesses on the part of the attorney for the

Government.

(9) Any period of delay, not to exceed one year, ordered by a

district court upon an application of a party and a finding by a

preponderance of the evidence that an official request, as

defined in section 3292 of this title, has been made for evidence

of any such offense and that it reasonably appears, or reasonably

appeared at the time the request was made, that such evidence is,

or was, in such foreign country.

(i) If trial did not commence within the time limitation

specified in section 3161 because the defendant had entered a plea

of guilty or nolo contendere subsequently withdrawn to any or all

charges in an indictment or information, the defendant shall be

deemed indicted with respect to all charges therein contained

within the meaning of section 3161, on the day the order permitting

withdrawal of the plea becomes final.

(j)(1) If the attorney for the Government knows that a person

charged with an offense is serving a term of imprisonment in any

penal institution, he shall promptly -

(A) undertake to obtain the presence of the prisoner for trial;

or

(B) cause a detainer to be filed with the person having custody

of the prisoner and request him to so advise the prisoner and to

advise the prisoner of his right to demand trial.

(2) If the person having custody of such prisoner receives a

detainer, he shall promptly advise the prisoner of the charge and

of the prisoner's right to demand trial. If at any time thereafter

the prisoner informs the person having custody that he does demand

trial, such person shall cause notice to that effect to be sent

promptly to the attorney for the Government who caused the detainer

to be filed.

(3) Upon receipt of such notice, the attorney for the Government

shall promptly seek to obtain the presence of the prisoner for

trial.

(4) When the person having custody of the prisoner receives from

the attorney for the Government a properly supported request for

temporary custody of such prisoner for trial, the prisoner shall be

made available to that attorney for the Government (subject, in

cases of interjurisdictional transfer, to any right of the prisoner

to contest the legality of his delivery).

(k)(1) If the defendant is absent (as defined by subsection

(h)(3)) on the day set for trial, and the defendant's subsequent

appearance before the court on a bench warrant or other process or

surrender to the court occurs more than 21 days after the day set

for trial, the defendant shall be deemed to have first appeared

before a judicial officer of the court in which the information or

indictment is pending within the meaning of subsection (c) on the

date of the defendant's subsequent appearance before the court.

(2) If the defendant is absent (as defined by subsection (h)(3))

on the day set for trial, and the defendant's subsequent appearance

before the court on a bench warrant or other process or surrender

to the court occurs not more than 21 days after the day set for

trial, the time limit required by subsection (c), as extended by

subsection (h), shall be further extended by 21 days.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2076; amended Pub. L. 96-43, Sec. 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.)

-REFTEXT-

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.

-MISC2-

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-

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.

-MISC4-

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'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3162, 3163, 3164, 3165,

3166, 3167, 3174 of this title.

-CITE-

18 USC Sec. 3162 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3162. Sanctions

-STATUTE-

(a)(1) If, in the case of any individual against whom a complaint

is filed charging such individual with an offense, no indictment or

information is filed within the time limit required by section

3161(b) as extended by section 3161(h) of this chapter, such charge

against that individual contained in such complaint shall be

dismissed or otherwise dropped. In determining whether to dismiss

the case with or without prejudice, the court shall consider, among

others, each of the following factors: the seriousness of the

offense; the facts and circumstances of the case which led to the

dismissal; and the impact of a reprosecution on the administration

of this chapter and on the administration of justice.

(2) If a defendant is not brought to trial within the time limit

required by section 3161(c) as extended by section 3161(h), the

information or indictment shall be dismissed on motion of the

defendant. The defendant shall have the burden of proof of

supporting such motion but the Government shall have the burden of

going forward with the evidence in connection with any exclusion of

time under subparagraph 3161(h)(3). In determining whether to

dismiss the case with or without prejudice, the court shall

consider, among others, each of the following factors: the

seriousness of the offense; the facts and circumstances of the case

which led to the dismissal; and the impact of a reprosecution on

the administration of this chapter and on the administration of

justice. Failure of the defendant to move for dismissal prior to

trial or entry of a plea of guilty or nolo contendere shall

constitute a waiver of the right to dismissal under this section.

(b) In any case in which counsel for the defendant or the

attorney for the Government (1) knowingly allows the case to be set

for trial without disclosing the fact that a necessary witness

would be unavailable for trial; (2) files a motion solely for the

purpose of delay which he knows is totally frivolous and without

merit; (3) makes a statement for the purpose of obtaining a

continuance which he knows to be false and which is material to the

granting of a continuance; or (4) otherwise willfully fails to

proceed to trial without justification consistent with section 3161

of this chapter, the court may punish any such counsel or attorney,

as follows:

(A) in the case of an appointed defense counsel, by reducing

the amount of compensation that otherwise would have been paid to

such counsel pursuant to section 3006A of this title in an amount

not to exceed 25 per centum thereof;

(B) in the case of a counsel retained in connection with the

defense of a defendant, by imposing on such counsel a fine of not

to exceed 25 per centum of the compensation to which he is

entitled in connection with his defense of such defendant;

(C) by imposing on any attorney for the Government a fine of

not to exceed $250;

(D) by denying any such counsel or attorney for the Government

the right to practice before the court considering such case for

a period of not to exceed ninety days; or

(E) by filing a report with an appropriate disciplinary

committee.

The authority to punish provided for by this subsection shall be in

addition to any other authority or power available to such court.

(c) The court shall follow procedures established in the Federal

Rules of Criminal Procedure in punishing any counsel or attorney

for the Government pursuant to this section.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2079.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3161, 3163, 3174 of this

title.

-CITE-

18 USC Sec. 3163 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3163. Effective dates

-STATUTE-

(a) The time limitation in section 3161(b) of this chapter -

(1) shall apply to all individuals who are arrested or served

with a summons on or after the date of expiration of the

twelve-calendar-month period following July 1, 1975; and

(2) shall commence to run on such date of expiration to all

individuals who are arrested or served with a summons prior to

the date of expiration of such twelve-calendar-month period, in

connection with the commission of an offense, and with respect to

which offense no information or indictment has been filed prior

to such date of expiration.

(b) The time limitation in section 3161(c) of this chapter -

(1) shall apply to all offenses charged in informations or

indictments filed on or after the date of expiration of the

twelve-calendar-month period following July 1, 1975; and

(2) shall commence to run on such date of expiration as to all

offenses charged in informations or indictments filed prior to

that date.

(c) Subject to the provisions of section 3174(c), section 3162 of

this chapter shall become effective and apply to all cases

commenced by arrest or summons, and all informations or indictments

filed, on or after July 1, 1980.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2080; amended Pub. L. 96-43, Sec. 6, Aug. 2, 1979, 93 Stat. 328.)

-MISC1-

AMENDMENTS

1979 - Subsec. (c). Pub. L. 96-43 substituted provision that

section 3162 of this title was to become effective and apply to all

cases commenced by arrest or summons, and all informations and

indictments filed, on or after July 1, 1980, subject to section

3174(c) of this title, for provision that such section was to

become effective after the date of expiration of the fourth

twelve-calendar-month period following July 1, 1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3161 of this title.

-CITE-

18 USC Sec. 3164 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3164. Persons detained or designated as being of high risk

-STATUTE-

(a) The trial or other disposition of cases involving -

(1) a detained person who is being held in detention solely

because he is awaiting trial, and

(2) a released person who is awaiting trial and has been

designated by the attorney for the Government as being of high

risk,

shall be accorded priority.

(b) The trial of any person described in subsection (a)(1) or

(a)(2) of this section shall commence not later than ninety days

following the beginning of such continuous detention or designation

of high risk by the attorney for the Government. The periods of

delay enumerated in section 3161(h) are excluded in computing the

time limitation specified in this section.

(c) Failure to commence trial of a detainee as specified in

subsection (b), through no fault of the accused or his counsel, or

failure to commence trial of a designated releasee as specified in

subsection (b), through no fault of the attorney for the

Government, shall result in the automatic review by the court of

the conditions of release. No detainee, as defined in subsection

(a), shall be held in custody pending trial after the expiration of

such ninety-day period required for the commencement of his trial.

A designated releasee, as defined in subsection (a), who is found

by the court to have intentionally delayed the trial of his case

shall be subject to an order of the court modifying his

nonfinancial conditions of release under this title to insure that

he shall appear at trial as required.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2081; amended Pub. L. 96-43, Sec. 7, Aug. 2, 1979, 93 Stat. 329.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-43, Sec. 7(1), substituted ''Persons detained

or designated as being of high risk'' for ''Interim limits'' in

section catchline.

Subsec. (a). Pub. L. 96-43, Sec. 7(2), struck out provisions

limiting the trial priority to be accorded persons specified in

cls. (1) and (2) of this subsection to the interim period

commencing ninety days following July 1, 1975 and ending on the

date immediately preceding the date on which the time limits

provided for under section 3161(b) and (c) of this title become

effective.

Subsec. (b). Pub. L. 96-43, Sec. 7(3), struck out provisions

making trial priority provisions of this subsection applicable

during an interim period only and requiring the trial of any person

detained or designated by the government as being of high risk on

or before the first day of such interim period to commence no later

than ninety days following the first day of the period and inserted

provision excluding the periods of delay specified in section

3161(h) of this title in computing the time limitation of this

section.

-CITE-

18 USC Sec. 3165 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3165. District plans - generally

-STATUTE-

(a) Each district court shall conduct a continuing study of the

administration of criminal justice in the district court and before

United States magistrate judges of the district and shall prepare

plans for the disposition of criminal cases in accordance with this

chapter. Each such plan shall be formulated after consultation

with, and after considering the recommendations of, the Federal

Judicial Center and the planning group established for that

district pursuant to section 3168. The plans shall be prepared in

accordance with the schedule set forth in subsection (e) of this

section.

(b) The planning and implementation process shall seek to

accelerate the disposition of criminal cases in the district

consistent with the time standards of this chapter and the

objectives of effective law enforcement, fairness to accused

persons, efficient judicial administration, and increased knowledge

concerning the proper functioning of the criminal law. The process

shall seek to avoid underenforcement, overenforcement and

discriminatory enforcement of the law, prejudice to the prompt

disposition of civil litigation, and undue pressure as well as

undue delay in the trial of criminal cases.

(c) The plans prepared by each district court shall be submitted

for approval to a reviewing panel consisting of the members of the

judicial council of the circuit and either the chief judge of the

district court whose plan is being reviewed or such other active

judge of that court as the chief judge of that district court may

designate. If approved by the reviewing panel, the plan shall be

forwarded to the Administrative Office of the United States Courts,

which office shall report annually on the operation of such plans

to the Judicial Conference of the United States.

(d) The district court may modify the plan at any time with the

approval of the reviewing panel. It shall modify the plan when

directed to do so by the reviewing panel or the Judicial Conference

of the United States. Modifications shall be reported to the

Administrative Office of the United States Courts.

(e)(1) Prior to the expiration of the twelve-calendar-month

period following July 1, 1975, each United States district court

shall prepare and submit a plan in accordance with subsections (a)

through (d) above to govern the trial or other disposition of

offenses within the jurisdiction of such court during the second

and third twelve-calendar-month periods following the effective

date of subsection 3161(b) and subsection 3161(c).

(2) Prior to the expiration of the thirty-six calendar month

period following July 1, 1975, each United States district court

shall prepare and submit a plan in accordance with subsections (a)

through (d) above to govern the trial or other disposition of

offenses within the jurisdiction of such court during the fourth

and fifth twelve-calendar-month periods following the effective

date of subsection 3161(b) and subsection 3161(c).

(3) Not later than June 30, 1980, each United States district

court with respect to which implementation has not been ordered

under section 3174(c) shall prepare and submit a plan in accordance

with subsections (a) through (d) to govern the trial or other

disposition of offenses within the jurisdiction of such court

during the sixth and subsequent twelve-calendar-month periods

following the effective date of subsection 3161(b) and subsection

3161(c) in effect prior to the date of enactment of this paragraph.

(f) Plans adopted pursuant to this section shall, upon adoption,

and recommendations of the district planning group shall, upon

completion, become public documents.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2081; amended Pub. L. 96-43, Sec. 8, Aug. 2, 1979, 93 Stat. 329;

Pub. L. 101-647, title XXXV, Sec. 3577, Nov. 29, 1990, 104 Stat.

4929; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of subsection 3161(b) and subsection

3161(c) in effect prior to the date of enactment of this paragraph,

referred to in subsec. (e), see section 3163(a) and (b) of this

title. The date of enactment of par. (3) of subsec. (e) of this

section is the date of enactment of Pub. L. 96-43, which was

approved Aug. 2, 1979. Subsecs. (a) and (b) of section 3163 of this

title were not amended by Pub. L. 96-43.

-MISC2-

AMENDMENTS

1990 - Subsec. (e)(2). Pub. L. 101-647 substituted

''twelve-calendar-month'' for ''twelve-calendar month''.

1979 - Subsec. (e)(2). Pub. L. 96-43, Sec. 8(1), substituted

''fifth twelve-calendar'' for ''subsequent twelve-calendar''.

Subsec. (e)(3). Pub. L. 96-43, Sec. 8(2), added par. (3).

-CHANGE-

CHANGE OF NAME

''United States magistrate judges'' substituted for ''United

States magistrates'' in subsec. (a) pursuant to section 321 of Pub.

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

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3166, 3167, 3168 of this

title.

-CITE-

18 USC Sec. 3166 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3166. District plans - contents

-STATUTE-

(a) Each plan shall include a description of the time limits,

procedural techniques, innovations, systems and other methods,

including the development of reliable methods for gathering and

monitoring information and statistics, by which the district court,

the United States attorney, the Federal public defender, if any,

and private attorneys experienced in the defense of criminal cases,

have expedited or intend to expedite the trial or other disposition

of criminal cases, consistent with the time limits and other

objectives of this chapter.

(b) Each plan shall include information concerning the

implementation of the time limits and other objectives of this

chapter, including:

(1) the incidence of and reasons for, requests or allowances of

extensions of time beyond statutory or district standards;

(2) the incidence of, and reasons for, periods of delay under

section 3161(h) of this title;

(3) the incidence of, and reasons for, the invocation of

sanctions for noncompliance with time standards, or the failure

to invoke such sanctions, and the nature of the sanction, if any

invoked for noncompliance;

(4) the new timetable set, or requested to be set, for an

extension;

(5) the effect on criminal justice administration of the

prevailing time limits and sanctions, including the effects on

the prosecution, the defense, the courts, the correctional

process, costs, transfers and appeals;

(6) the incidence and length of, reasons for, and remedies for

detention prior to trial, and information required by the

provisions of the Federal Rules of Criminal Procedure relating to

the supervision of detention pending trial;

(7) the identity of cases which, because of their special

characteristics, deserve separate or different time limits as a

matter of statutory classifications;

(8) the incidence of, and reasons for each thirty-day extension

under section 3161(b) with respect to an indictment in that

district; and

(9) the impact of compliance with the time limits of

subsections (b) and (c) of section 3161 upon the civil case

calendar in the district.

(c) Each district plan required by section 3165 shall include

information and statistics concerning the administration of

criminal justice within the district, including, but not limited

to:

(1) the time span between arrest and indictment, indictment and

trial, and conviction and sentencing;

(2) the number of matters presented to the United States

Attorney for prosecution, and the numbers of such matters

prosecuted and not prosecuted;

(3) the number of matters transferred to other districts or to

States for prosecution;

(4) the number of cases disposed of by trial and by plea;

(5) the rates of nolle prosequi, dismissal, acquittal,

conviction, diversion, or other disposition;

(6) the extent of preadjudication detention and release, by

numbers of defendants and days in custody or at liberty prior to

disposition; and

(7)(A) the number of new civil cases filed in the

twelve-calendar-month period preceding the submission of the

plan;

(B) the number of civil cases pending at the close of such

period; and

(C) the increase or decrease in the number of civil cases

pending at the close of such period, compared to the number

pending at the close of the previous twelve-calendar-month

period, and the length of time each such case has been pending.

(d) Each plan shall further specify the rule changes, statutory

amendments, and appropriations needed to effectuate further

improvements in the administration of justice in the district which

cannot be accomplished without such amendments or funds.

(e) Each plan shall include recommendations to the Administrative

Office of the United States Courts for reporting forms, procedures,

and time requirements. The Director of the Administrative Office

of the United States Courts, with the approval of the Judicial

Conference of the United States, shall prescribe such forms and

procedures and time requirements consistent with section 3170 after

consideration of the recommendations contained in the district plan

and the need to reflect both unique local conditions and uniform

national reporting standards.

(f) Each plan may be accompanied by guidelines promulgated by the

judicial council of the circuit for use by all district courts

within that circuit to implement and secure compliance with this

chapter.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2082; amended Pub. L. 96-43, Sec. 9(a)-(c), Aug. 2, 1979, 93 Stat.

329; Pub. L. 101-647, title XXXV, Sec. 3578, Nov. 29, 1990, 104

Stat. 4929.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b)(8). Pub. L. 101-647 substituted ''extension''

for ''extention''.

1979 - Subsec. (b)(9). Pub. L. 96-43, Sec. 9(a), added par. (9).

Subsec. (c)(7). Pub. L. 96-43, Sec. 9(b), added par. (7).

Subsec. (f). Pub. L. 96-43, Sec. 9(c), added subsec. (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3167, 3170 of this title.

-CITE-

18 USC Sec. 3167 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3167. Reports to Congress

-STATUTE-

(a) The Administrative Office of the United States Courts, with

the approval of the Judicial Conference, shall submit periodic

reports to Congress detailing the plans submitted pursuant to

section 3165. The reports shall be submitted within three months

following the final dates for the submission of plans under section

3165(e) of this title.

(b) Such reports shall include recommendations for legislative

changes or additional appropriations to achieve the time limits and

objectives of this chapter. The report shall also contain

pertinent information such as the state of the criminal docket at

the time of the adoption of the plan; the extent of pretrial

detention and release; and a description of the time limits,

procedural techniques, innovations, systems, and other methods by

which the trial or other disposition of criminal cases have been

expedited or may be expedited in the districts. Such reports shall

also include the following:

(1) The reasons why, in those cases not in compliance with the

time limits of subsections (b) and (c) of section 3161, the

provisions of section 3161(h) have not been adequate to

accommodate reasonable periods of delay.

(2) The category of offenses, the number of defendants, and the

number of counts involved in those cases which are not meeting

the time limits specified in subsections (b) and (c) of section

3161.

(3) The additional judicial resources which would be necessary

in order to achieve compliance with the time limits specified in

subsections (b) and (c) of section 3161.

(4) The nature of the remedial measures which have been

employed to improve conditions and practices in those districts

with low compliance experience under this chapter or to promote

the adoption of practices and procedures which have been

successful in those districts with high compliance experience

under this chapter.

(5) If a district has experienced difficulty in complying with

this chapter, but an application for relief under section 3174

has not been made, the reason why such application has not been

made.

(6) The impact of compliance with the time limits of

subsections (b) and (c) of section 3161 upon the civil case

calendar in each district as demonstrated by the information

assembled and statistics compiled and submitted under sections

3166 and 3170.

(c) Not later than December 31, 1979, the Department of Justice

shall prepare and submit to the Congress a report which sets forth

the impact of the implementation of this chapter upon the office of

the United States Attorney in each district and which shall also

include -

(1) the reasons why, in those cases not in compliance, the

provisions of section 3161(h) have not been adequate to

accommodate reasonable periods of delay;

(2) the nature of the remedial measures which have been

employed to improve conditions and practices in the offices of

the United States Attorneys in those districts with low

compliance experience under this chapter or to promote the

adoption of practices and procedures which have been successful

in those districts with high compliance experience under this

chapter;

(3) the additional resources for the offices of the United

States Attorneys which would be necessary to achieve compliance

with the time limits of subsections (b) and (c) of section 3161;

(4) suggested changes in the guidelines or other rules

implementing this chapter or statutory amendments which the

Department of Justice deems necessary to further improve the

administration of justice and meet the objectives of this

chapter; and

(5) the impact of compliance with the time limits of

subsections (b) and (c) of section 3161 upon the litigation of

civil cases by the offices of the United States Attorneys and the

rule changes, statutory amendments, and resources necessary to

assure that such litigation is not prejudiced by full compliance

with this chapter.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2083; amended Pub. L. 96-43, Sec. 9(e), Aug. 2, 1979, 93 Stat.

330.)

-MISC1-

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-43, Sec. 9(e)(1), inserted last

sentence containing pars. (1) to (6).

Subsec. (c). Pub. L. 96-43, Sec. 9(e)(2), added subsec. (c).

-CITE-

18 USC Sec. 3168 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3168. Planning process

-STATUTE-

(a) Within sixty days after July 1, 1975, each United States

district court shall convene a planning group consisting at minimum

of the Chief Judge, a United States magistrate judge, if any

designated by the Chief Judge, the United States Attorney, the

Clerk of the district court, the Federal Public Defender, if any,

two private attorneys, one with substantial experience in the

defense of criminal cases in the district and one with substantial

experience in civil litigation in the district, the Chief United

States Probation Officer for the district, and a person skilled in

criminal justice research who shall act as reporter for the group.

The group shall advise the district court with respect to the

formulation of all district plans and shall submit its

recommendations to the district court for each of the district

plans required by section 3165. The group shall be responsible for

the initial formulation of all district plans and of the reports

required by this chapter and in aid thereof, it shall be entitled

to the planning funds specified in section 3171.

(b) The planning group shall address itself to the need for

reforms in the criminal justice system, including but not limited

to changes in the grand jury system, the finality of criminal

judgments, habeas corpus and collateral attacks, pretrial

diversion, pretrial detention, excessive reach of Federal criminal

law, simplification and improvement of pretrial and sentencing

procedures, and appellate delay.

(c) Members of the planning group with the exception of the

reporter shall receive no additional compensation for their

services, but shall be reimbursed for travel, subsistence and other

necessary expenses incurred by them in carrying out the duties of

the advisory group in accordance with the provisions of title 5,

United States Code, chapter 57. The reporter shall be compensated

in accordance with section 3109 of title 5, United States Code, and

notwithstanding other provisions of law he may be employed for any

period of time during which his services are needed.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2083; amended Pub. L. 96-43, Sec. 9(d), Aug. 2, 1979, 93 Stat. 330;

Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-MISC1-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-43 substituted ''two private

attorneys, one with substantial experience in the defense of

criminal cases in the district and one with substantial experience

in civil litigation in the district'' for ''a private attorney

experienced in the defense of criminal cases in the district''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

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

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3165 of this title.

-CITE-

18 USC Sec. 3169 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3169. Federal Judicial Center

-STATUTE-

The Federal Judicial Center shall advise and consult with the

planning groups and the district courts in connection with their

duties under this chapter.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2084.)

-CITE-

18 USC Sec. 3170 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3170. Speedy trial data

-STATUTE-

(a) To facilitate the planning process, the implementation of the

time limits, and continuous and permanent compliance with the

objectives of this chapter, the clerk of each district court shall

assemble the information and compile the statistics described in

sections 3166(b) and 3166(c) of this title. The clerk of each

district court shall assemble such information and compile such

statistics on such forms and under such regulations as the

Administrative Office of the United States Courts shall prescribe

with the approval of the Judicial Conference and after consultation

with the Attorney General.

(b) The clerk of each district court is authorized to obtain the

information required by sections 3166(b) and 3166(c) from all

relevant sources including the United States Attorney, Federal

Public Defender, private defense counsel appearing in criminal

cases in the district, United States district court judges, and the

chief Federal Probation Officer for the district. This subsection

shall not be construed to require the release of any confidential

or privileged information.

(c) The information and statistics compiled by the clerk pursuant

to this section shall be made available to the district court, the

planning group, the circuit council, and the Administrative Office

of the United States Courts.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2084; amended Pub. L. 96-43, Sec. 9(f), Aug. 2, 1979, 93 Stat. 331;

Pub. L. 101-647, title XXXV, Sec. 3579, Nov. 29, 1990, 104 Stat.

4929.)

-MISC1-

AMENDMENTS

1990 - Subsecs. (a), (b). Pub. L. 101-647 substituted ''sections

3166(b) and 3166(c)'' for ''sections 3166(b) and (c)''.

1979 - Subsec. (a). Pub. L. 96-43 inserted ''continuous and

permanent compliance with the'' and substituted ''described in''

for ''required by''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3166, 3167 of this title.

-CITE-

18 USC Sec. 3171 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3171. Planning appropriations

-STATUTE-

(a) There is authorized to be appropriated for the fiscal year

ending June 30, 1975, to the Federal judiciary the sum of

$2,500,000 to be allocated by the Administrative Office of the

United States Courts to Federal judicial districts to carry out the

initial phases of planning and implementation of speedy trial plans

under this chapter. The funds so appropriated shall remain

available until expended.

(b) No funds appropriated under this section may be expended in

any district except by two-thirds vote of the planning group.

Funds to the extent available may be expended for personnel,

facilities, and any other purpose permitted by law.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2084.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3168 of this title.

-CITE-

18 USC Sec. 3172 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3172. Definitions

-STATUTE-

As used in this chapter -

(1) the terms ''judge'' or ''judicial officer'' mean, unless

otherwise indicated, any United States magistrate judge, Federal

district judge, and

(2) the term ''offense'' means any Federal criminal offense

which is in violation of any Act of Congress and is triable by

any court established by Act of Congress (other than a Class B or

C misdemeanor or an infraction, or an offense triable by

court-martial, military commission, provost court, or other

military tribunal).

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2085; amended Pub. L. 98-473, title II, Sec. 223(i), Oct. 12, 1984,

98 Stat. 2029; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,

104 Stat. 5117.)

-MISC1-

AMENDMENTS

1984 - Par. (2). Pub. L. 98-473 substituted ''Class B or C

misdemeanor or an infraction'' for ''petty offense as defined in

section 1(3) of this title''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in par. (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.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-CITE-

18 USC Sec. 3173 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3173. Sixth amendment rights

-STATUTE-

No provision of this chapter shall be interpreted as a bar to any

claim of denial of speedy trial as required by amendment VI of the

Constitution.

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2085.)

-CITE-

18 USC Sec. 3174 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 208 - SPEEDY TRIAL

-HEAD-

Sec. 3174. Judicial emergency and implementation

-STATUTE-

(a) In the event that any district court is unable to comply with

the time limits set forth in section 3161(c) due to the status of

its court calendars, the chief judge, where the existing resources

are being efficiently utilized, may, after seeking the

recommendations of the planning group, apply to the judicial

council of the circuit for a suspension of such time limits as

provided in subsection (b). The judicial council of the circuit

shall evaluate the capabilities of the district, the availability

of visiting judges from within and without the circuit, and make

any recommendations it deems appropriate to alleviate calendar

congestion resulting from the lack of resources.

(b) If the judicial council of the circuit finds that no remedy

for such congestion is reasonably available, such council may, upon

application by the chief judge of a district, grant a suspension of

the time limits in section 3161(c) in such district for a period of

time not to exceed one year for the trial of cases for which

indictments or informations are filed during such one-year period.

During such period of suspension, the time limits from arrest to

indictment, set forth in section 3161(b), shall not be reduced, nor

shall the sanctions set forth in section 3162 be suspended; but

such time limits from indictment to trial shall not be increased to

exceed one hundred and eighty days. The time limits for the trial

of cases of detained persons who are being detained solely because

they are awaiting trial shall not be affected by the provisions of

this section.

(c)(1) If, prior to July 1, 1980, the chief judge of any district

concludes, with the concurrence of the planning group convened in

the district, that the district is prepared to implement the

provisions of section 3162 in their entirety, he may apply to the

judicial council of the circuit in which the district is located to

implement such provisions. Such application shall show the degree

of compliance in the district with the time limits set forth in

subsections (b) and (c) of section 3161 during the

twelve-calendar-month period preceding the date of such application

and shall contain a proposed order and schedule for such

implementation, which includes the date on which the provisions of

section 3162 are to become effective in the district, the effect

such implementation will have upon such district's practices and

procedures, and provision for adequate notice to all interested

parties.

(2) After review of any such application, the judicial council of

the circuit shall enter an order implementing the provisions of

section 3162 in their entirety in the district making application,

or shall return such application to the chief judge of such

district, together with an explanation setting forth such council's

reasons for refusing to enter such order.

(d)(1) The approval of any application made pursuant to

subsection (a) or (c) by a judicial council of a circuit shall be

reported within ten days to the Director of the Administrative

Office of the United States Courts, together with a copy of the

application, a written report setting forth in sufficient detail

the reasons for granting such application, and, in the case of an

application made pursuant to subsection (a), a proposal for

alleviating congestion in the district.

(2) The Director of the Administrative Office of the United

States Courts shall not later than ten days after receipt transmit

such report to the Congress and to the Judicial Conference of the

United States. The judicial council of the circuit shall not grant

a suspension to any district within six months following the

expiration of a prior suspension without the consent of the

Congress by Act of Congress. The limitation on granting a

suspension made by this paragraph shall not apply with respect to

any judicial district in which the prior suspension is in effect on

the date of the enactment of the Speedy Trial Act Amendments Act of

1979.

(e) If the chief judge of the district court concludes that the

need for suspension of time limits in such district under this

section is of great urgency, he may order the limits suspended for

a period not to exceed thirty days. Within ten days of entry of

such order, the chief judge shall apply to the judicial council of

the circuit for a suspension pursuant to subsection (a).

-SOURCE-

(Added Pub. L. 93-619, title I, Sec. 101, Jan. 3, 1975, 88 Stat.

2085; amended Pub. L. 96-43, Sec. 10, Aug. 2, 1979, 93 Stat. 331.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Speedy Trial Act Amendments Act of

1979, referred to in subsec. (d)(2), means the date of enactment of

Pub. L. 96-43, which was approved Aug. 2, 1979.

-MISC2-

AMENDMENTS

1979 - Pub. L. 96-43, Sec. 10(6), inserted ''and implementation''

in section catchline.

Subsec. (a). Pub. L. 96-43, Sec. 10(1), inserted ''as provided by

subsection (b)''.

Subsec. (b). Pub. L. 96-43, Sec. 10(2), (3), substituted

provisions authorizing the circuit judicial council, upon

application of the chief judge of a district, to grant a suspension

of the time limits prescribed by section 3161(c) of this title for

provisions requiring such circuit council to apply to the Judicial

Council of the United States for a suspension of such time limits

and substituted provision placing a one hundred and eighty day

limit on any time increase from indictment to trial for provision

placing such limit for any increase from arraignment to trial.

Subsec. (c). Pub. L. 96-43, Sec. 10(4), substituted provisions

authorizing the chief judge of any district, with the approval of

the planning group convened in such district, to apply to the

circuit council to implement the provisions of section 3162 of this

title at any time prior to the date the sanctions prescribed

therein were to become effective, so long as there was concurrence

that the district was prepared to fully implement the provisions of

such section for provisions specifying the reporting requirements

of this chapter, assuring involvement of the Congress in the

suspension process, and guaranteeing that there be an interval of

at least six months between consecutive suspension periods. See

subsec. (d) of this section.

Subsecs. (d), (e). Pub. L. 96-43, Sec. 10(5), added subsecs. (d)

and (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3163, 3165, 3167 of this

title.

-CITE-