18 U.S.C. § 3481 — Competency of accused

Page 770 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3481 1 So in original. Probably should be section ‘‘3056(a),’’. 1968—Pub. L. 90–351, title II, § 701(b), June 19, 1968, 82 Stat. 211, added items 3501 and 3502. 1957—Pub. L. 85–269, Sept. 2, 1957, 71 Stat. 596, added item 3500. 1954—Act Aug. 20, 1954, ch. 769, § 2, 68 Stat. 746, re- phrased item 3486. Statutory Notes and Related Subsidiaries PROTECTED FACILITIES FOR HOUSING GOVERNMENT WITNESSES Pub. L. 91–452, title V, §§ 501–504, Oct. 15, 1970, 84 Stat. 933, which authorized the Attorney General to provide for the security of Government witnesses and the fami- lies of Government witnesses in legal proceedings against any person alleged to have participated in an organized criminal activity, was repealed by Pub. L. 98–473, title II, § 1209(b), Oct. 12, 1984, 98 Stat. 2163, effec- tive Oct. 1, 1984. § 3481. Competency of accused In trial of all persons charged with the com- mission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Posses- sion or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him. (June 25, 1948, ch. 645, 62 Stat. 833.) HISTORICAL AND REVISION NOTES Based on section 632 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (Mar. 16, 1878, ch. 37, 20 Stat. 30). Section was rewritten without change of substance. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–6, § 1, Mar. 19, 1997, 111 Stat. 12, provided that: ‘‘This Act [enacting section 3510 of this title, amending section 3593 of this title, and enacting provi- sions set out as a note under section 3510 of this title] may be cited as the ‘Victim Rights Clarification Act of 1997’.’’ § 3482. Evidence and witnesses—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Competency and privileges of witnesses and admissi- bility of evidence governed by principles of common law, Rule 26. (June 25, 1948, ch. 645, 62 Stat. 833.) Editorial Notes REFERENCES IN TEXT Rule 26 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter is covered by the Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure. § 3483. Indigent defendants, process to produce evidence—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Subpoena for indigent defendants, motion, affidavit, costs, Rule 17(b). (June 25, 1948, ch. 645, 62 Stat. 833.) § 3484. Subpoenas—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Form, contents and issuance of subpoena, Rule 17(a). Service in United States, Rule 17(d), (e,1). Service in foreign country, Rule 17(d), (e,2). Indigent defendants, Rule 17(b). On taking depositions, Rule 17(f). Papers and documents, Rule 17(c). Disobedience of subpoena as contempt of court, Rule 17(g). (June 25, 1948, ch. 645, 62 Stat. 833.) § 3485. Expert witnesses—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Selection and appointment of expert witnesses by court or parties; compensation, Rule 28. (June 25, 1948, ch. 645, 62 Stat. 833.) Editorial Notes REFERENCES IN TEXT Rule 28 of the Federal Rules of Criminal Procedure, referred to in text, was amended in 1972. The subject matter of this reference is covered by Federal Rules of Evidence, set out in the Appendix to Title 28, Judiciary and Judicial Procedure. § 3486. Administrative subpoenas (a) AUTHORIZATION.—(1)(A) In any investiga- tion of— (i)(I) a Federal health care offense; or (II) a Federal offense involving the sexual exploi- tation or abuse of children, the Attorney Gen- eral; (ii) an unregistered sex offender conducted by the United States Marshals Service, the Di- rector of the United States Marshals Service; or (iii) an offense under section 871 or 879, or a threat against a person protected by the United States Secret Service under paragraph (5) or (6) of section 3056,1 if the Director of the Secret Service determines that the threat con- stituting the offense or the threat against the person protected is imminent, the Secretary of the Treasury, may issue in writing and cause to be served a subpoena requiring the production and testi- mony described in subparagraph (B). (B) Except as provided in subparagraph (C), a subpoena issued under subparagraph (A) may re- quire— (i) the production of any records or other things relevant to the investigation; and (ii) testimony by the custodian of the things required to be produced concerning the pro- duction and authenticity of those things. (C) A subpoena issued under subparagraph (A) with respect to a provider of electronic commu- nication service or remote computing service, in an investigation of a Federal offense involving the sexual exploitation or abuse of children shall not extend beyond— (i) requiring that provider to disclose the in- formation specified in section 2703(c)(2), which may be relevant to an authorized law enforce- ment inquiry; or (ii) requiring a custodian of the records of that provider to give testimony concerning the production and authentication of such records or information.