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18 U.S.C. § 3163 — Effective dates
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3163-effective-dates--00478cd86b.md
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Source location: Title 18, Chapter 208, § 3163; chapter-208-speedy-trial.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(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 d
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Federal law — U.S. Code and appendices · legal_authorities
Page 734
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3163
knowingly allows the case to be set for trial
without disclosing the fact that a necessary wit-
ness 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 continu-
ance; or (4) otherwise willfully fails to proceed
to trial without justification consistent with
section 3161 of this chapter, the court may pun-
ish any such counsel or attorney, as follows:
(A) in the case of an appointed defense coun-
sel, 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 con-
nection with the defense of a defendant, by im-
posing 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 Gov-
ernment a fine of not to exceed $250;
(D) by denying any such counsel or attorney
for the Government the right to practice be-
fore the court considering such case for a pe-
riod 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 au-
thority or power available to such court.
(c) The court shall follow procedures estab-
lished in the Federal Rules of Criminal Proce-
dure in punishing any counsel or attorney for
the Government pursuant to this section.
(Added Pub. L. 93–619, t
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