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Volume 80

Public Law 89–590

To amend section 2241 of title 28, United States Code, with respect to the jurisdiction and venue of applications for writs of habeas corpus by persons in custody under judgments and sentences of State courts.

Approved September 19, 1966

Statutory text

AN ACT

To amend section 2241 of title 28, United States Code, with respect to the jurisdiction and venue of applications for writs of habeas corpus by persons in custody under judgments and sentences of State courts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 2241

U.S. Courts.

Habeas corpus, jurisdiction and venue.

62 Stat. 964.

of title 28, United States Code, is amended by inserting therein at the end thereof an additional subsection reading as follows:

“(d)

Where an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him and each of such district courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination.”

Approved September 19, 1966.

Parsed from the official Statutes at Large USLM XML in 80.xml