18 U.S.C. § 3162 — Sanctions

Page 733 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3162 subsection (c) on the date of the defendant’s sub- sequent appearance before the court. (2) If the defendant is absent (as defined by subsection (h)(3)) on the day set for trial, and the defendant’s subsequent appearance before the court on a bench warrant or other process or surrender to the court occurs not more than 21 days after the day set for trial, the time limit required by subsection (c), as extended by sub- section (h), shall be further extended by 21 days. (Added Pub. L. 93–619, title I, § 101, Jan. 3, 1975, 88 Stat. 2076; amended Pub. L. 96–43, §§ 2–5, Aug. 2, 1979, 93 Stat. 327, 328; Pub. L. 98–473, title II, § 1219, Oct. 12, 1984, 98 Stat. 2167; Pub. L. 100–690, title VI, § 6476, Nov. 18, 1988, 102 Stat. 4380; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 110–406, § 13, Oct. 13, 2008, 122 Stat. 4294.) Editorial Notes AMENDMENTS 2008—Subsec. (h)(1)(B) to (J). Pub. L. 110–406, § 13(1), redesignated subpars. (D) to (J) as (B) to (H), respec- tively, and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) delay resulting from any proceeding, including any examination of the defendant, pursuant to section 2902 of title 28, United States Code; ‘‘(C) delay resulting from deferral of prosecution pur- suant to section 2902 of title 28, United States Code;’’. Subsec. (h)(5) to (9). Pub. L. 110–406, § 13(2), (3), redes- ignated pars. (6) to (9) as (5) to (8), respectively, and struck out former par. (5) which read as follows: ‘‘Any period of delay resulting from the treatment of the de- fendant pursuant to section 2902 of title 28, United States Code.’’ 1988—Subsec. (k). Pub. L. 100–690 added subsec. (k). 1984—Subsec. (h)(8)(C). Pub. L. 98–473, § 1219(1), sub- stituted ‘‘subparagraph (A) of this paragraph’’ for ‘‘paragraph (8)(A) of this subsection’’. Subsec. (h)(9). Pub. L. 98–473, § 1219(2), added par. (9). 1979—Subsec. (c)(1). Pub. L. 96–43, § 2, merged the ten day indictment-to-arraignment and the sixty day ar- raignment-to-trial limits into a single seventy day in- dictment-to-trial period. Subsec. (c)(2). Pub. L. 96–43, § 2, added par. (2). Subsec. (d). Pub. L. 96–43, § 3(a), designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 96–43, § 3(b), substituted ‘‘seventy days’’ for ‘‘sixty days’’ in three places and inserted pro- visions excluding the periods of delay enumerated in subsec. (h) of this section in computing the time limi- tations specified in this section and applying the sanc- tions of section 3162 of this title to this subsection. Subsec. (h)(1). Pub. L. 96–43, § 4, added to the listing of excludable delays, delays resulting from the deferral of prosecution under section 2902 of title 28, delays caused by consideration by the court of proposed plea agreements, and delays resulting from the transpor- tation of a defendant from another district or for the purpose of examination or hospitalization, and ex- panded provisions relating to exclusions of periods of delay resulting from hearings on pretrial motions, ex- aminations and hearings relating to the mental or physical condition of defendant, or the removal of a de- fendant from another district under the Federal Rules of Criminal Procedure. Subsec. (h)(8)(B)(ii). Pub. L. 96–43, § 5(a), expanded provisions authorizing the granting of continuances based on the complexity or unusual nature of a case to include delays in preparation of all phases of a case, in- cluding pretrial motion preparation. Subsec. (h)(8)(B)(iii). Pub. L. 96–43, § 5(b), inserted pro- vision authorizing a continuance where the delay in fil- ing the indictment is caused by the arrest taking place at such time that the return and filing of the indict- ment can not reasonably be expected within the period specified in section 3161(b) of this title. Subsec. (h)(8)(B)(iv). Pub. L. 96–43, § 5(c), added cl. (iv). Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in subsec. (c)(1) 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 1984 AMENDMENT Amendment by Pub. L. 98–473 effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98–473, set out as an Effective Date note under section 3505 of this title. SHORT TITLE OF 1979 AMENDMENT Pub. L. 96–43, § 1, Aug. 2, 1979, 93 Stat. 327, provided: ‘‘That this Act [amending this section and sections 3163 to 3168, 3170 and 3174 of this title] may be cited as the ‘Speedy Trial Act Amendments Act of 1979’.’’ SHORT TITLE Pub. L. 93–619, § 1, Jan. 3, 1975, 88 Stat. 2076, provided: ‘‘That this Act [enacting this chapter and sections 3153 to 3156 of this title, and amending section 3152 of this title, and section 604 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Speedy Trial Act of 1974’.’’ § 3162. Sanctions (a)(1) If, in the case of any individual against whom a complaint is filed charging such indi- vidual with an offense, no indictment or infor- mation is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against that indi- vidual contained in such complaint shall be dis- missed or otherwise dropped. In determining whether to dismiss the case with or without prejudice, the court shall consider, among oth- ers, each of the following factors: the serious- ness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of jus- tice. (2) If a defendant is not brought to trial within the time limit required by section 3161(c) as ex- tended by section 3161(h), the information or in- dictment shall be dismissed on motion of the de- fendant. The defendant shall have the burden of proof of supporting such motion but the Govern- ment shall have the burden of going forward with the evidence in connection with any exclu- sion of time under subparagraph 3161(h)(3). In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and cir- cumstances of the case which led to the dis- missal; and the impact of a reprosecution on the administration of this chapter and on the ad- ministration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall con- stitute a waiver of the right to dismissal under this section. (b) In any case in which counsel for the de- fendant or the attorney for the Government (1) 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.