18 U.S.C. § 3195 — Payment of fees and costs

Page 746 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3193 HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 659 (R.S. § 5275). Words ‘‘crimes or’’ before ‘‘offenses’’ were omitted as unnecessary. § 3193. Receiving agent’s authority over offenders A duly appointed agent to receive, in behalf of the United States, the delivery, by a foreign government, of any person accused of crime committed within the United States, and to con- vey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner’s safe-keeping. (June 25, 1948, ch. 645, 62 Stat. 825.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 660 (R.S. § 5276). Words ‘‘jurisdiction of the’’ were omitted in view of the definition of United States in section 5 of this title. Minor changes only were made in phraseology. Executive Documents EX. ORD. NO. 11517. ISSUANCE AND SIGNATURE BY SEC- RETARY OF STATE OF WARRANTS APPOINTING AGENTS TO RETURN FUGITIVES FROM JUSTICE EXTRADITED TO UNITED STATES Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided: WHEREAS the President of the United States, under section 3192 of Title 18, United States Code, has been granted the power to take all necessary measures for the transportation, safekeeping and security against lawless violence of any person delivered by any foreign government to an agent of the United States for return to the United States for trial for any offense of which he is duly accused; and WHEREAS fugitives from justice in the United States whose extradition from abroad has been re- quested by the Government of the United States and granted by a foreign government are to be returned in the custody of duly appointed agents in accordance with the provisions of section 3193 of Title 18, United States Code; and WHEREAS such duly appointed agents under the pro- visions of the law mentioned above, being authorized to receive delivery of the fugitive in behalf of the United States and to convey him to the place of his trial, are given the powers of a marshal of the United States in the several districts of the United States through which it may be necessary for them to pass with such prisoner, so far as such power is requisite for the pris- oner’s safekeeping; and WHEREAS such warrants serve as a certification to the foreign government delivering the fugitives to any other foreign country through which such agents may pass, and to authorities in the United States of the powers therein conferred upon the agents; and WHEREAS it is desirable by delegation of functions heretofore performed by the President to simplify and thereby expedite the issuance of such warrants to agents in the interests of the prompt return of fugitives to the United States: NOW, THEREFORE, by virtue of the authority vested in me by section 301 of Title 3 of the United States Code, and as President of the United States, it is or- dered as follows: SECTION 1. The Secretary of State is hereby des- ignated and empowered to issue and sign all warrants appointing agents to receive, in behalf of the United States, the delivery in extradition by a foreign govern- ment of any person accused of a crime committed with- in the United States, and to convey such person to the place of his trial. SEC. 2. Agents appointed in accordance with section 1 of this order shall have all the powers conferred in re- spect of such agents by applicable treaties of the United States and by section 3193 of Title 18, United States Code, or by any other provisions of United States law. SEC. 3. Executive Order No. 10347, April 18, 1952, as amended by Executive Order No. 11354, May 23, 1967, is further amended by deleting numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4 and 5, respectively. RICHARD NIXON. § 3194. Transportation of fugitive by receiving agent Any agent appointed as provided in section 3182 of this title who receives the fugitive into his custody is empowered to transport him to the State or Territory from which he has fled. (June 25, 1948, ch. 645, 62 Stat. 825.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 663 (R.S. § 5279). Last sentence of said section 663, relating to rescue of such fugitive, was omitted as covered by section 752 of this title, the punishment provision of which is based on later statutes. (See reviser’s note under that sec- tion.) Minor changes were made in phraseology. § 3195. Payment of fees and costs All costs or expenses incurred in any extra- dition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the de- manding authority. All witness fees and costs of every nature in cases of international extradition, including the fees of the magistrate judge, shall be certified by the judge or magistrate judge before whom the hearing shall take place to the Secretary of State of the United States, and the same shall be paid out of appropriations to defray the ex- penses of the judiciary or the Department of Justice as the case may be. The Attorney General shall certify to the Sec- retary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Secretary of State shall cause said amounts to be collected and transmitted to the Attorney General for de- posit in the Treasury of the United States. (June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216; June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455). First paragraph of this section consolidates provi- sions as to costs and expenses from said sections 662, 662c, and 662d. Minor changes were made in phraseology and surplus- age was omitted. Remaining provisions of said sections 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in sec- tions 752, 3182, 3183, and 3187 of this title. The words ‘‘or the Department of Justice as the case may be’’ were added at the end of the second paragraph in conformity with the appropriation acts of recent Page 747 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3236 years. See for example act July 5, 1946, ch. 541, title II, 60 Stat. 460. Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘magistrate’’ for ‘‘commissioner’’ in two places. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of a date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3196. Extradition of United States citizens If the applicable treaty or convention does not obligate the United States to extradite its citi- zens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extra- dition has been requested by that country if the other requirements of that treaty or convention are met. (Added Pub. L. 101–623, § 11(a), Nov. 21, 1990, 104 Stat. 3356.) CHAPTER 211—JURISDICTION AND VENUE Sec. 3231. District courts. 3232. District of offense—Rule. 3233. Transfer within district—Rule. 3234. Change of venue to another district—Rule. 3235. Venue in capital cases. 3236. Murder or manslaughter. 3237. Offenses begun in one district and completed in another. 3238. Offenses not committed in any district. 3239. Optional venue for espionage and related of- fenses. 3240. Creation of new district or division. 3241. Jurisdiction of offenses under certain sec- tions. 3242. Indians committing certain offenses; acts on reservations. 3243. Jurisdiction of State of Kansas over offenses committed by or against Indians on Indian reservations. 3244. Jurisdiction of proceedings relating to trans- ferred offenders. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, title XXXII, § 320909(b), Sept. 13, 1994, 108 Stat. 2127, added item 3239. 1984—Pub. L. 98–473, title II, § 1204(b), Oct. 12, 1984, 98 Stat. 2152, struck out item 3239 ‘‘Threatening commu- nications’’. 1978—Pub. L. 95–598, title III, § 314(j)(2), Nov. 6, 1978, 92 Stat. 2678, added item 3244. § 3231. District courts The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States. Nothing in this title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof. (June 25, 1948, ch. 645, 62 Stat. 826.) HISTORICAL AND REVISION NOTES Based on section 588d of title 12, U.S.C., 1940 ed., Banks and Banking; title 18, U.S.C., 1940 ed., §§ 546, 547 (Mar. 4, 1909, ch. 321, §§ 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; May 18, 1934, ch. 304, § 4, 48 Stat. 783). This section was formed by combining sections 546 and 547 of title 18, U.S.C., 1940 ed., with section 588d of title 12, U.S.C., Banks and Banking, with no change of substance. The language of said section 588d of title 12, U.S.C., 1940 ed., which related to bank robbery, or killing or kidnapping as an incident thereto (see section 2113, of this title), and which read ‘‘Jurisdiction over any of- fense defined by sections 588b and 588c of this title shall not be reserved exclusively to courts of the United States’’ was omitted as adequately covered by this sec- tion. SENATE REVISION AMENDMENT The text of this section was changed by Senate amendment. See Senate Report No. 1620, amendment No. 10, 80th Cong. § 3232. District of offense—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Proceedings to be in district and division in which of- fense committed, Rule 18. (June 25, 1948, ch. 645, 62 Stat. 826.) § 3233. Transfer within district—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Arraignment, plea, trial, sentence in district of more than one division, Rule 19. (June 25, 1948, ch. 645, 62 Stat. 826.) Editorial Notes REFERENCES IN TEXT Rule 19 of the Federal Rules of Criminal Procedure, referred to in text, was rescinded Feb. 28, 1966, eff. July 1, 1966. § 3234. Change of venue to another district— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Plea or disposal of case in district other than that in which defendant was arrested, Rule 20. (June 25, 1948, ch. 645, 62 Stat. 826.) § 3235. Venue in capital cases The trial of offenses punishable with death shall be had in the county where the offense was committed, where that can be done without great inconvenience. (June 25, 1948, ch. 645, 62 Stat. 826.) HISTORICAL AND REVISION NOTES Based on section 101 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Mar. 3, 1911, ch. 231, § 40, 36 Stat. 1100). § 3236. Murder or manslaughter In all cases of murder or manslaughter, the of- fense shall be deemed to have been committed at