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18 USC CHAPTER 216 - SPECIAL GRAND JURY 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 216 - SPECIAL GRAND JURY

.

-HEAD-

CHAPTER 216 - SPECIAL GRAND JURY

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Sec.

3331. Summoning and term.

3332. Powers and duties.

3333. Reports.

3334. General provisions.

AMENDMENTS

1970 - Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84

Stat. 923, added chapter 216 and items 3331 to 3334.

NATIONAL COMMISSION ON INDIVIDUAL RIGHTS

Pub. L. 91-452, title XII, Sec. 1201-1211, Oct. 15, 1970, 84

Stat. 960, 961, established the National Commission on Individual

Rights to conduct a comprehensive study and review of Federal laws

and practices relating to special grand juries authorized under

chapter 216 of this title, dangerous special offender sentencing

under section 3575 of this title, wiretapping and electronic

surveillance, bail reform and preventive detention, no-knock search

warrants, the accumulation of data on individuals by Federal

agencies as authorized by law or acquired by executive action, and

other practices which in its opinion might infringe upon the

individual rights of the people of the United States. The

Commission was required to make interim reports at least every two

years and a final report to the President and Congress six years

after Jan. 1, 1972, and was to cease to exist 60 days after

submission of the final report.

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18 USC Sec. 3331 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 216 - SPECIAL GRAND JURY

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Sec. 3331. Summoning and term

-STATUTE-

(a) In addition to such other grand juries as shall be called

from time to time, each district court which is located in a

judicial district containing more than four million inhabitants or

in which the Attorney General, the Deputy Attorney General, the

Associate Attorney General, or any designated Assistant Attorney

General, certifies in writing to the chief judge of the district

that in his judgment a special grand jury is necessary because of

criminal activity in the district shall order a special grand jury

to be summoned at least once in each period of eighteen months

unless another special grand jury is then serving. The grand jury

shall serve for a term of eighteen months unless an order for its

discharge is entered earlier by the court upon a determination of

the grand jury by majority vote that its business has been

completed. If, at the end of such term or any extension thereof,

the district court determines the business of the grand jury has

not been completed, the court may enter an order extending such

term for an additional period of six months. No special grand jury

term so extended shall exceed thirty-six months, except as provided

in subsection (e) of section 3333 of this chapter.

(b) If a district court within any judicial circuit fails to

extend the term of a special grand jury or enters an order for the

discharge of such grand jury before such grand jury determines that

it has completed its business, the grand jury, upon the affirmative

vote of a majority of its members, may apply to the chief judge of

the circuit for an order for the continuance of the term of the

grand jury. Upon the making of such an application by the grand

jury, the term thereof shall continue until the entry upon such

application by the chief judge of the circuit of an appropriate

order. No special grand jury term so extended shall exceed

thirty-six months, except as provided in subsection (e) of section

3333 of this chapter.

-SOURCE-

(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84

Stat. 923; amended Pub. L. 100-690, title VII, Sec. 7020(d), Nov.

18, 1988, 102 Stat. 4396.)

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AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690 inserted '', the Associate

Attorney General'' after ''Deputy Attorney General''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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18 USC Sec. 3332 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 216 - SPECIAL GRAND JURY

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Sec. 3332. Powers and duties

-STATUTE-

(a) It shall be the duty of each such grand jury impaneled within

any judicial district to inquire into offenses against the criminal

laws of the United States alleged to have been committed within

that district. Such alleged offenses may be brought to the

attention of the grand jury by the court or by any attorney

appearing on behalf of the United States for the presentation of

evidence. Any such attorney receiving information concerning such

an alleged offense from any other person shall, if requested by

such other person, inform the grand jury of such alleged offense,

the identity of such other person, and such attorney's action or

recommendation.

(b) Whenever the district court determines that the volume of

business of the special grand jury exceeds the capacity of the

grand jury to discharge its obligations, the district court may

order an additional special grand jury for that district to be

impaneled.

-SOURCE-

(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84

Stat. 924.)

-REFTEXT-

REFERENCES IN TEXT

The criminal laws of the United States, referred to in subsec.

(a), are classified generally to this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3333, 3334 of this title.

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18 USC Sec. 3333 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 216 - SPECIAL GRAND JURY

-HEAD-

Sec. 3333. Reports

-STATUTE-

(a) A special grand jury impaneled by any district court, with

the concurrence of a majority of its members, may, upon completion

of its original term, or each extension thereof, submit to the

court a report -

(1) concerning noncriminal misconduct, malfeasance, or

misfeasance in office involving organized criminal activity by an

appointed public officer or employee as the basis for a

recommendation of removal or disciplinary action; or

(2) regarding organized crime conditions in the district.

(b) The court to which such report is submitted shall examine it

and the minutes of the special grand jury and, except as otherwise

provided in subsections (c) and (d) of this section, shall make an

order accepting and filing such report as a public record only if

the court is satisfied that it complies with the provisions of

subsection (a) of this section and that -

(1) the report is based upon facts revealed in the course of an

investigation authorized by subsection (a) of section 3332 and is

supported by the preponderance of the evidence; and

(2) when the report is submitted pursuant to paragraph (1) of

subsection (a) of this section, each person named therein and any

reasonable number of witnesses in his behalf as designated by him

to the foreman of the grand jury were afforded an opportunity to

testify before the grand jury prior to the filing of such report,

and when the report is submitted pursuant to paragraph (2) of

subsection (a) of this section, it is not critical of an

identified person.

(c)(1) An order accepting a report pursuant to paragraph (1) of

subsection (a) of this section and the report shall be sealed by

the court and shall not be filed as a public record or be subject

to subpena or otherwise made public (i) until at least thirty-one

days after a copy of the order and report are served upon each

public officer or employee named therein and an answer has been

filed or the time for filing an answer has expired, or (ii) if an

appeal is taken, until all rights of review of the public officer

or employee named therein have expired or terminated in an order

accepting the report. No order accepting a report pursuant to

paragraph (1) of subsection (a) of this section shall be entered

until thirty days after the delivery of such report to the public

officer or body pursuant to paragraph (3) of subsection (c) of this

section. The court may issue such orders as it shall deem

appropriate to prevent unauthorized publication of a report.

Unauthorized publication may be punished as contempt of the court.

(2) Such public officer or employee may file with the clerk a

verified answer to such a report not later than twenty days after

service of the order and report upon him. Upon a showing of good

cause, the court may grant such public officer or employee an

extension of time within which to file such answer and may

authorize such limited publication of the report as may be

necessary to prepare such answer. Such an answer shall plainly and

concisely state the facts and law constituting the defense of the

public officer or employee to the charges in said report, and,

except for those parts thereof which the court determines to have

been inserted scandalously, prejudiciously, or unnecessarily, such

answer shall become an appendix to the report.

(3) Upon the expiration of the time set forth in paragraph (1) of

subsection (c) of this section, the United States attorney shall

deliver a true copy of such report, and the appendix, if any, for

appropriate action to each public officer or body having

jurisdiction, responsibility, or authority over each public officer

or employee named in the report.

(d) Upon the submission of a report pursuant to subsection (a) of

this section, if the court finds that the filing of such report as

a public record may prejudice fair consideration of a pending

criminal matter, it shall order such report sealed and such report

shall not be subject to subpena or public inspection during the

pendency of such criminal matter, except upon order of the court.

(e) Whenever the court to which a report is submitted pursuant to

paragraph (1) of subsection (a) of this section is not satisfied

that the report complies with the provisions of subsection (b) of

this section, it may direct that additional testimony be taken

before the same grand jury, or it shall make an order sealing such

report, and it shall not be filed as a public record or be subject

to subpena or otherwise made public until the provisions of

subsection (b) of this section are met. A special grand jury term

may be extended by the district court beyond thirty-six months in

order that such additional testimony may be taken or the provisions

of subsection (b) of this section may be met.

(f) As used in this section, ''public officer or employee'' means

any officer or employee of the United States, any State, the

District of Columbia, the Commonwealth of Puerto Rico, any

territory or possession of the United States, or any political

subdivision, or any department, agency, or instrumentality thereof.

-SOURCE-

(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84

Stat. 924.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3331, 3334 of this title.

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18 USC Sec. 3334 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 216 - SPECIAL GRAND JURY

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Sec. 3334. General provisions

-STATUTE-

The provisions of chapter 215, title 18, United States Code, and

the Federal Rules of Criminal Procedure applicable to regular grand

juries shall apply to special grand juries to the extent not

inconsistent with sections 3331, 3332, or 3333 of this chapter.

-SOURCE-

(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84

Stat. 926.)

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