18 U.S.C. § 3287 — Wartime suspension of limitations

Page 757 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3287 1 So in original. Probably should be ‘‘foreseeable’’. 1 See References in Text note below. formation instituted at any time without limi- tation for any offense listed in section 2332b(g)(5)(B), if the commission of such offense resulted in, or created a forseeable 1 risk of, death or serious bodily injury to another person. (Added Pub. L. 103–322, title XII, § 120001(a), Sept. 13, 1994, 108 Stat. 2021; amended Pub. L. 104–132, title VII, § 702(c), Apr. 24, 1996, 110 Stat. 1294; Pub. L. 104–294, title VI, § 601(b)(1), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–56, title VIII, § 809(a), Oct. 26, 2001, 115 Stat. 379; Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808.) Editorial Notes PRIOR PROVISIONS A prior section 3286, act June 25, 1948, ch. 645, 62 Stat. 828, related to seduction on vessel of United States, prior to repeal by Pub. L. 101–647, title XII, § 1207(b), Nov. 29, 1990, 104 Stat. 4832. AMENDMENTS 2002—Pub. L. 107–273 repealed Pub. L. 104–294, § 601(b)(1). See 1996 Amendment note below. 2001—Pub. L. 107–56 reenacted section catchline with- out change and amended text generally. Text read as follows: ‘‘Notwithstanding section 3282, no person shall be prosecuted, tried, or punished for any non-capital of- fense involving a violation of section 32 (aircraft de- struction), section 37 (airport violence), section 112 (as- saults upon diplomats), section 351 (crimes against Con- gressmen or Cabinet officers), section 1116 (crimes against diplomats), section 1203 (hostage taking), sec- tion 1361 (willful injury to government property), sec- tion 1751 (crimes against the President), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2332a (use of weapons of mass destruction), 2332b (acts of terrorism tran- scending national boundaries), or section 2340A (tor- ture) of this title or section 46502, 46504, 46505, or 46506 of title 49, unless the indictment is found or the infor- mation is instituted within 8 years after the offense was committed.’’ 1996—Pub. L. 104–132, § 702(c)(2)–(4), substituted ‘‘2332’’ for ‘‘2331’’, ‘‘2332a’’ for ‘‘2339’’, and ‘‘37’’ for ‘‘36’’. Pub. L. 104–294, § 601(b)(1), which amended section identically, was repealed by Pub. L. 107–273. Pub. L. 104–132, § 702(c)(1), (5), inserted ‘‘2332b (acts of terrorism transcending national boundaries),’’ after ‘‘(use of weapons of mass destruction),’’, and sub- stituted ‘‘any non-capital offense’’ for ‘‘any offense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–56, title VIII, § 809(b), Oct. 26, 2001, 115 Stat. 380, provided that: ‘‘The amendments made by this section [amending this section] shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section [Oct. 26, 2001].’’ EFFECTIVE DATE Pub. L. 103–322, title XII, § 120001(b), Sept. 13, 1994, 108 Stat. 2021, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall not apply to any offense committed more than 5 years prior to the date of enactment of this Act [Sept. 13, 1994].’’ § 3287. Wartime suspension of limitations When the United States is at war or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)), the running of any statute of limitations appli- cable to any offense (1) involving fraud or at- tempted fraud against the United States or any agency thereof in any manner, whether by con- spiracy or not, or (2) committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States, or (3) committed in connection with the negotiation, procure- ment, award, performance, payment for, interim financing, cancelation, or other termination or settlement, of any contract, subcontract, or pur- chase order which is connected with or related to the prosecution of the war or directly con- nected with or related to the authorized use of the Armed Forces, or with any disposition of termination inventory by any war contractor or Government agency, shall be suspended until 5 years after the termination of hostilities as pro- claimed by a Presidential proclamation, with notice to Congress, or by a concurrent resolu- tion of Congress. Definitions of terms in section 103 1 of title 41 shall apply to similar terms used in this section. For purposes of applying such definitions in this section, the term ‘‘war’’ includes a specific au- thorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Res- olution (50 U.S.C. 1544(b)). (June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 110–329, div. C, title VIII, § 8117, Sept. 30, 2008, 122 Stat. 3647; Pub. L. 110–417, [div. A], title VIII, § 855, Oct. 14, 2008, 122 Stat. 4545; Pub. L. 111–84, div. A, title X, § 1073(c)(7), Oct. 28, 2009, 123 Stat. 2475.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 590a (Aug. 24, 1942, ch. 555, § 1, 56 Stat. 747; July 1, 1944, ch. 358, § 19(b), 58 Stat. 667; Oct. 3, 1944, ch. 479, § 28, 58 Stat. 781). The phrase ‘‘when the United States is at war’’ was inserted at the beginning of this section to make it per- manent instead of temporary legislation, and to obvi- ate the necessity of reenacting such legislation in the future. This permitted the elimination of references to dates and to the provision limiting the application of the section to transactions not yet fully barred. When the provisions of the War Contract Settlements Act of 1944, upon which this section is based, are considered in connection with said section 590a which it amends, it is obvious that no purpose can be served now by the pro- visions omitted. Phrase (2), reading ‘‘or committed in connection with the acquisition, care, handling, custody, control or dis- position of any real or personal property of the United States’’ was derived from section 28 of the Surplus Property Act of 1944 which amended said section 590a of title 18, U.S.C., 1940 ed. This act is temporary by its terms and relates only to offenses committed in the disposition of surplus property thereunder. The revised section extends its provisions to all of- fenses involving the disposition of any property, real or personal, of the United States. This extension is more apparent than real since phrase (2), added as the result of said Act, was merely a more specific statement of of- fenses embraced in phrase (1) of this section. Page 758 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3288 The revised section is written in general terms as permanent legislation applicable whenever the United States is at war. (See, also, reviser’s note under section 284 of this title.) The last paragraph was added to obviate any possi- bility of doubt as to meaning of terms defined in sec- tion 103 of title 41, U.S.C., 1940 ed., Public Contracts. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 103 of title 41, referred to in text, probably means section 3 of act July 1, 1944, ch. 358, 58 Stat. 650, which was classified to section 103 of former Title 41, Public Contracts, prior to repeal by Pub. L. 111–350, § 7(b), Jan. 4, 2011, 124 Stat. 3855. For disposition of sec- tions of former Title 41, see Disposition Table pre- ceding section 101 of Title 41. AMENDMENTS 2009—Pub. L. 111–84 repealed Pub. L. 110–417, § 855. See 2008 Amendment note below. 2008—Pub. L. 110–417, § 855, which amended this sec- tion identically to amendment by Pub. L. 110–329, was repealed by Pub. L. 111–84. See 2008 Amendment note below. Pub. L. 110–329, in first par., inserted ‘‘or Congress has enacted a specific authorization for the use of the Armed Forces, as described in section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)),’’ after ‘‘is at war’’ and ‘‘or directly connected with or related to the au- thorized use of the Armed Forces’’ after ‘‘prosecution of the war’’ and substituted ‘‘5 years’’ for ‘‘three years’’ and ‘‘proclaimed by a Presidential proclamation, with notice to Congress,’’ for ‘‘proclaimed by the President’’, and, in second par., inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided in part that the amendment made by section 1073(c)(7) of Pub. L. 111–84 is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. § 3288. Indictments and information dismissed after period of limitations Whenever an indictment or information charg- ing a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction with- in six calendar months of the date of the dis- missal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new in- dictment shall not be barred by any statute of limitations. This section does not permit the fil- ing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution. (June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 556a, 587, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934, ch. 278, §§ 1, 3, 48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747). This section is a consolidation of sections 556a, 587, and 589 of title 18, U.S.C., 1940 ed., without change of substance. (See reviser’s note under section 3289 of this title.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690, in section catchline, substituted ‘‘Indictments and information dismissed after period of limitations’’ for ‘‘Indictment where defect found after period of limitations’’, and in text, substituted ‘‘When- ever an indictment or information charging a felony is dismissed for any reason’’ for ‘‘Whenever an indictment is dismissed for any error, defect, or irregularity with respect to the grand jury, or an indictment or informa- tion filed after the defendant waives in open court pros- ecution by indictment is found otherwise defective or insufficient for any cause,’’, inserted ‘‘, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final’’ after ‘‘dismissal of the indictment or information’’, and in- serted provisions which prohibited filing of new indict- ment or information where reason for dismissal was failure to file within period prescribed or some other reason that would bar a new prosecution. 1964—Pub. L. 88–520 substituted ‘‘Indictment’’ for ‘‘Reindictment’’ in section catchline, included indict- ments or informations filed after the defendant waives in open court prosecution by indictment which are dis- missed for any error, defect, or irregularity, or are oth- erwise found defective or insufficient, and substituted provisions authorizing the return of a new indictment in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, if no regular grand jury is in session when the indictment or information is dismissed, with- in six calendar months of the date when the next grand jury is convened, for provisions which authorized the return of a new indictment not later than the end of the next succeeding regular session of the court, fol- lowing the session at which the indictment was found defective or insufficient, during which a grand jury shall be in session. 1963—Pub. L. 88–139 substituted ‘‘session’’ for ‘‘term’’ wherever appearing. § 3289. Indictments and information dismissed before period of limitations Whenever an indictment or information charg- ing a felony is dismissed for any reason before the period prescribed by the applicable statute of limitations has expired, and such period will expire within six calendar months of the date of the dismissal of the indictment or information, a new indictment may be returned in the appro- priate jurisdiction within six calendar months of the expiration of the applicable statute of limi- tations, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate juris- diction at the expiration of the applicable stat- ute of limitations, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This sec- tion does not permit the filing of a new indict- ment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by