18 U.S.C. § 3292 — Untitled legal text

Page 759 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3292 the applicable statute of limitations, or some other reason that would bar a new prosecution. (June 25, 1948, ch. 645, 62 Stat. 829; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, § 2, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, § 7081(b), Nov. 18, 1988, 102 Stat. 4407; Pub. L. 101–647, title XII, § 1213, title XXV, § 2595(b), title XXXV, § 3580, Nov. 29, 1990, 104 Stat. 4833, 4907, 4929; Pub. L. 103–322, title XXXIII, § 330011(q)(2), Sept. 13, 1994, 108 Stat. 2145.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 556a, 588, 589 (Apr. 30, 1934, ch. 170, § 1, 48 Stat. 648; May 10, 1934, ch. 278, §§ 2, 3, 48 Stat. 772). Consolidation of sections 556a, 588, and 589 of title 18, U.S.C., 1940 ed., without change of substance. The pro- visions of said section 556a, with reference to time of filing motion, were omitted and numerous changes of phraseology were necessary to effect consolidation, particularly in view of rules 6(b) and 12(b)(2), (3), (5) of the Federal Rules of Criminal Procedure. Words ‘‘regular or special’’ were omitted and ‘‘reg- ular’’ inserted after ‘‘succeeding’’ to harmonize with section 3288 of this title. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330011(q)(2), repealed amend- ment by Pub. L. 101–647, § 1213. See 1990 Amendment note below. 1990—Pub. L. 101–647, § 3580, inserted a comma after ‘‘information’’ the second place it appeared. Pub. L. 101–647, § 2595(b), struck out ‘‘or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final,’’ after ‘‘the date of the dismissal of the indictment or infor- mation’’ and inserted such language after ‘‘within six calendar months of the expiration of the applicable statute of limitations,’’. Pub. L. 101–647, § 1213, which directed the striking of ‘‘or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information be- comes final,’’ and the insertion of such language after ‘‘within six months of the expiration of the statute of limitations,’’, was repealed by Pub. L. 103–322, § 330011(q)(2). See above. 1988—Pub. L. 100–690 in section catchline substituted ‘‘Indictments and information dismissed after period of limitations’’ for ‘‘Indictment where defect found before 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, where the period of the statute of limitations will expire within six calendar months of the date of the dismissal, the return of a new indict- ment within six calendar months of the expiration of the applicable statute of limitations, or, if no regular grand jury is in session at the expiration of the applica- ble statute of limitations, within six calendar months of the date when the next regular grand jury is con- vened, for provisions which authorized, where the pe- riod of the statute of limitations will expire before the end of the next regular session of the court to which such indictment was returned, the return of a new in- dictment not later than the end of the next succeeding regular session of the court following the session at which the indictment was found defective or insuffi- cient, during which a grand jury shall be in session. 1963—Pub. L. 88–139 substituted ‘‘session’’ for ‘‘term’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–322, title XXXIII, § 330011(q)(2), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of the date on which sec- tion 1213 of Pub. L. 101–647 took effect. § 3290. Fugitives from justice No statute of limitations shall extend to any person fleeing from justice. (June 25, 1948, ch. 645, 62 Stat. 829.) HISTORICAL AND REVISION NOTES Based on Title 18, U.S.C., 1940 ed., § 583 (R.S. § 1045). Said section 583 was rephrased and made applicable to all statutes of limitation and is merely declaratory of the generally accepted rule of law. § 3291. Nationality, citizenship and passports No person shall be prosecuted, tried, or pun- ished for violation of any provision of sections 1423 to 1428, inclusive, of chapter 69 and sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United States Code, or for conspiracy to vio- late any of such sections, unless the indictment is found or the information is instituted within ten years after the commission of the offense. (Added June 30, 1951, ch. 194, § 1, 65 Stat. 107; amended Pub. L. 103–322, title XXXIII, § 330008(9), Sept. 13, 1994, 108 Stat. 2143.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘violate any of such sections’’ for ‘‘violate any of the afore-mentioned sec- tions’’. § 3292. Suspension of limitations to permit United States to obtain foreign evidence (a)(1) Upon application of the United States, filed before return of an indictment, indicating that evidence of an offense is in a foreign coun- try, the district court before which a grand jury is impaneled to investigate the offense shall sus- pend the running of the statute of limitations for the offense if the court finds by a preponder- ance of the evidence that an official request has been made for such evidence and that it reason- ably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country. (2) The court shall rule upon such application not later than thirty days after the filing of the application. (b) Except as provided in subsection (c) of this section, a period of suspension under this sec- Page 760 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3293 tion shall begin on the date on which the official request is made and end on the date on which the foreign court or authority takes final action on the request. (c) The total of all periods of suspension under this section with respect to an offense— (1) shall not exceed three years; and (2) shall not extend a period within which a criminal case must be initiated for more than six months if all foreign authorities take final action before such period would expire without regard to this section. (d) As used in this section, the term ‘‘official request’’ means a letter rogatory, a request under a treaty or convention, or any other re- quest for evidence made by a court of the United States or an authority of the United States hav- ing criminal law enforcement responsibility, to a court or other authority of a foreign country. (Added Pub. L. 98–473, title II, § 1218(a), Oct. 12, 1984, 98 Stat. 2167.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 12, 1984, see sec- tion 1220 of Pub. L. 98–473, set out as a note under sec- tion 3505 of this title. § 3293. Financial institution offenses No person shall be prosecuted, tried, or pun- ished for a violation of, or a conspiracy to vio- late— (1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or 1344; (2) section 1341 or 1343, if the offense affects a financial institution; or (3) section 1963, to the extent that the rack- eteering activity involves a violation of sec- tion 1344; unless the indictment is returned or the infor- mation is filed within 10 years after the commis- sion of the offense. (Added Pub. L. 101–73, title IX, § 961(l)(1), Aug. 9, 1989, 103 Stat. 501; amended Pub. L. 101–647, title XXV, § 2505(a), Nov. 29, 1990, 104 Stat. 4862; Pub. L. 103–322, title XXXII, § 320604(b), title XXXIII, § 330002(e), Sept. 13, 1994, 108 Stat. 2119, 2140.) Editorial Notes AMENDMENTS 1994—Par. (1). Pub. L. 103–322 struck out ‘‘1008,’’ after ‘‘1007,’’ and inserted ‘‘1033,’’ after ‘‘1014,’’. 1990—Par. (3). Pub. L. 101–647 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–647, title XXV, § 2505(b), Nov. 29, 1990, 104 Stat. 4862, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to any offense committed before the date of the enact- ment of this section [Nov. 29, 1990], if the statute of limitations applicable to that offense had not run as of such date.’’ EFFECT OF THIS SECTION ON OFFENSES FOR WHICH PRIOR PERIOD OF LIMITATIONS HAD NOT RUN Pub. L. 101–73, title IX, § 961(l)(3), Aug. 9, 1989, 103 Stat. 501, provided that: ‘‘The amendments made by this subsection [enacting this section] shall apply to an offense committed before the effective date of this sec- tion [Aug. 9, 1989], if the statute of limitations applica- ble to that offense under this chapter had not run as of such date.’’ § 3294. Theft of major artwork No person shall be prosecuted, tried, or pun- ished for a violation of or conspiracy to violate section 668 unless the indictment is returned or the information is filed within 20 years after the commission of the offense. (Added Pub. L. 103–322, title XXXII, § 320902(b), Sept. 13, 1994, 108 Stat. 2124.) § 3295. Arson offenses No person shall be prosecuted, tried, or pun- ished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 un- less the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed. (Added Pub. L. 104–132, title VII, § 708(c)(1), Apr. 24, 1996, 110 Stat. 1297.) § 3296. Counts dismissed pursuant to a plea agreement (a) IN GENERAL.—Notwithstanding any other provision of this chapter, any counts of an in- dictment or information that are dismissed pur- suant to a plea agreement shall be reinstated by the District Court if— (1) the counts sought to be reinstated were originally filed within the applicable limita- tions period; (2) the counts were dismissed pursuant to a plea agreement approved by the District Court under which the defendant pled guilty to other charges; (3) the guilty plea was subsequently vacated on the motion of the defendant; and (4) the United States moves to reinstate the dismissed counts within 60 days of the date on which the order vacating the plea becomes final. (b) DEFENSES; OBJECTIONS.—Nothing in this section shall preclude the District Court from considering any defense or objection, other than statute of limitations, to the prosecution of the counts reinstated under subsection (a). (Added Pub. L. 107–273, div. B, title III, § 3003(a), Nov. 2, 2002, 116 Stat. 1805.) § 3297. Cases involving DNA evidence In a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall pre- clude such prosecution until a period of time fol- lowing the implication of the person by DNA testing has elapsed that is equal to the other- wise applicable limitation period. (Added Pub. L. 108–405, title II, § 204(a), Oct. 30, 2004, 118 Stat. 2271; amended Pub. L. 109–162, title X, § 1005, Jan. 5, 2006, 119 Stat. 3086.)