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18 USC CHAPTER 215 - GRAND JURY 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 215 - GRAND JURY

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CHAPTER 215 - GRAND JURY

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Sec.

3321. Number of grand jurors; summoning additional jurors.

3322. Disclosure of certain matters occurring before grand jury.

(3323 to 3328. Repealed.)

AMENDMENTS

1989 - Pub. L. 101-73, title IX, Sec. 964(b), Aug. 9, 1989, 103

Stat. 506, added item 3322 ''Disclosure of certain matters

occurring before grand jury'' and struck out former items 3322

''Number; summoning - Rule'', 3323 ''Objections and motions -

Rule'', 3324 ''Foreman and deputy; powers and duties; records -

Rule'', 3325 ''Persons present at proceedings - Rule'', 3326

''Secrecy of proceedings and disclosure - Rule'', 3327

''Indictment; finding and return - Rule'', and 3328 ''Discharging

jury and excusing juror - Rule''.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3334 of this title.

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18 USC Sec. 3321 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 215 - GRAND JURY

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Sec. 3321. Number of grand jurors; summoning additional jurors

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Every grand jury impaneled before any district court shall

consist of not less than sixteen nor more than twenty-three

persons. If less than sixteen of the persons summoned attend, they

shall be placed on the grand jury, and the court shall order the

marshal to summon, either immediately or for a day fixed, from the

body of the district, and not from the bystanders, a sufficient

number of persons to complete the grand jury. Whenever a challenge

to a grand juror is allowed, and there are not in attendance other

jurors sufficient to complete the grand jury, the court shall make

a like order to the marshal to summon a sufficient number of

persons for that purpose.

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(June 25, 1948, ch. 645, 62 Stat. 829.)

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HISTORICAL AND REVISION NOTES

Based on section 419 of title 28, U.S.C., 1940 ed., Judicial Code

and Judiciary (Mar. 3, 1911, ch. 231, Sec. 282, 36 Stat. 1165).

The provisions of the first sentence are embodied in rule 6(a) of

the Federal Rules of Criminal Procedure, but it has been retained

because of its relation to the remainder of the text which is not

covered by said rule.

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18 USC Sec. 3322 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 215 - GRAND JURY

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Sec. 3322. Disclosure of certain matters occurring before grand

jury

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(a) A person who is privy to grand jury information -

(1) received in the course of duty as an attorney for the

government; or

(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of

Criminal Procedure;

may disclose that information to an attorney for the government for

use in enforcing section 951 of the Financial Institutions Reform,

Recovery and Enforcement Act of 1989 or for use in connection with

any civil forfeiture provision of Federal law.

(b)(1) Upon motion of an attorney for the government, a court may

direct disclosure of matters occurring before a grand jury during

an investigation of a banking law violation to identified personnel

of a Federal or State financial institution regulatory agency -

(A) for use in relation to any matter within the jurisdiction

of such regulatory agency; or

(B) to assist an attorney for the government to whom matters

have been disclosed under subsection (a).

(2) A court may issue an order under paragraph (1) at any time

during or after the completion of the investigation of the grand

jury, upon a finding of a substantial need.

(c) A person to whom matter has been disclosed under this section

shall not use such matter other than for the purpose for which such

disclosure was authorized.

(d) As used in this section -

(1) the term ''banking law violation'' means a violation of, or

a conspiracy to violate -

(A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344,

1956, or 1957;

(B) section 1341 or 1343 affecting a financial institution;

or

(C) any provision of subchapter II of chapter 53 of title 31,

United States Code;

(2) the term ''attorney for the government'' has the meaning

given such term in the Federal Rules of Criminal Procedure; and

(3) the term ''grand jury information'' means matters occurring

before a grand jury other than the deliberations of the grand

jury or the vote of any grand juror.

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(Added Pub. L. 101-73, title IX, Sec. 964(a), Aug. 9, 1989, 103

Stat. 505; amended Pub. L. 106-102, title VII, Sec. 740, Nov. 12,

1999, 113 Stat. 1480; Pub. L. 106-185, Sec. 10, Apr. 25, 2000, 114

Stat. 217; Pub. L. 107-273, div. C, title I, Sec. 11002, Nov. 2,

2002, 116 Stat. 1816.)

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REFERENCES IN TEXT

Section 951 of the Financial Institutions Reform, Recovery and

Enforcement Act of 1989, referred to in subsec. (a), is classified

to section 1833a of Title 12, Banks and Banking.

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

(a)(2) and (d)(2), are set out in the Appendix to this title.

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PRIOR PROVISIONS

A prior section 3322, act June 25, 1948, ch. 645, 62 Stat. 829,

related to the summoning of and number of grand jurors, prior to

repeal by Pub. L. 101-73, Sec. 964(a). See Rule 6(a) of the Federal

Rules of Criminal Procedure, set out in the Appendix to this title.

AMENDMENTS

2002 - Subsec. (d)(1)(A). Pub. L. 107-273, Sec. 11002(1),

substituted ''1344, 1956, or 1957;'' for ''or 1344; or''.

Subsec. (d)(1)(C). Pub. L. 107-273, Sec. 11002(2), (3), added

subpar. (C).

2000 - Subsec. (a). Pub. L. 106-185 struck out ''concerning a

banking law violation'' after ''grand jury information'' in

introductory provisions and substituted ''any civil forfeiture

provision of Federal law'' for ''civil forfeiture under section 981

of title 18, United States Code, of property described in section

981(a)(1)(C) of such title'' in concluding provisions.

1999 - Subsec. (b)(1). Pub. L. 106-102, Sec. 740(1), inserted

''Federal or State'' before ''financial institution'' in

introductory provisions.

Subsec. (b)(2). Pub. L. 106-102, Sec. 740(2), inserted ''at any

time during or after the completion of the investigation of the

grand jury,'' after ''paragraph (1)''.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1345 of this title.

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18 USC Sec. 3323 to 3328 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 215 - GRAND JURY

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(Sec. 3323 to 3328. Repealed. Pub. L. 101-73, title IX, Sec.

964(a), Aug. 9, 1989, 103 Stat. 505)

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Section 3323, act June 25, 1948, ch. 645, 62 Stat. 829, related

to challenging the array of grand jurors or individual grand jurors

and motions to dismiss. See Rule 6(b) of the Federal Rules of

Criminal Procedure, set out in the Appendix to this title.

Section 3324, act June 25, 1948, ch. 645, 62 Stat. 829, related

to the appointment of the grand jury foreman and deputy foreman,

oaths, affirmations and indictments, and records of jurors

concurring. See Rule 6(c) of the Federal Rules of Criminal

Procedure, set out in the Appendix to this title.

Section 3325, act June 25, 1948, ch. 645, 62 Stat. 829, related

to persons who may be present while the grand jury is in session,

and exclusion while the jury is deliberating or voting. See Rule

6(d) of the Federal Rules of Criminal Procedure, set out in the

Appendix to this title.

Section 3326, act June 25, 1948, ch. 645, 62 Stat. 829, related

to disclosure of proceedings to government attorneys, disclosure by

direction of the court or permission of the defendant, and secrecy

of the indictment. See Rule 6(e) of the Federal Rules of Criminal

Procedure, set out in the Appendix to this title.

Section 3327, act June 25, 1948, ch. 645, 62 Stat. 830, related

to concurrence of 12 or more jurors in the indictment and return of

the indictment to the judge in open court. See Rule 6(f) of the

Federal Rules of Criminal Procedure, set out in the Appendix to

this title.

Section 3328, act June 25, 1948, ch. 645, 62 Stat. 830, related

to discharge of grand jury by court, limitation of service, and

excusing jurors for cause. See Rule 6(g) of the Federal Rules of

Criminal Procedure, set out in the Appendix to this title.

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