18 U.S.C. § 3163 — Effective dates

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, title I, § 101, Jan. 3, 1975, 88 Stat. 2079.) § 3163. Effective dates (a) The time limitation in section 3161(b) of this chapter— (1) shall apply to all individuals who are ar- rested 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 pe- riod, 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 in- formations 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 infor- mations or indictments filed prior to that date. (c) Subject to the provisions of section 3174(c), section 3162 of this chapter shall become effec- tive and apply to all cases commenced by arrest or summons, and all informations or indict- ments filed, on or after July 1, 1980. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2080; amended Pub. L. 96–43, § 6, Aug. 2, 1979, 93 Stat. 328.) Editorial Notes 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 sum- mons, 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-cal- endar-month period following July 1, 1975. § 3164. Persons detained or designated as being of high risk (a) The trial or other disposition of cases in- volving— (1) a detained person who is being held in de- tention 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 sub- section (a)(1) or (a)(2) of this section shall com- mence not later than ninety days following the beginning of such continuous detention or des- ignation 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 com- mence trial of a designated releasee as specified in subsection (b), through no fault of the attor- ney 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 re- quired for the commencement of his trial. A des- ignated 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. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2081; amended Pub. L. 96–43, § 7, Aug. 2, 1979, 93 Stat. 329.) Editorial Notes AMENDMENTS 1979—Pub. L. 96–43, § 7(1), substituted ‘‘Persons de- tained or designated as being of high risk’’ for ‘‘Interim limits’’ in section catchline. Subsec. (a). Pub. L. 96–43, § 7(2), struck out provisions limiting the trial priority to be accorded persons speci- fied 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.