§ 3005. Counsel and witnesses in capital cases

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 3005

   June 25, 1948, ch. 645, 62 Stat. 814

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 814

2. 1994

   Federal Death Penalty Act of 1994

   Pub. L. 103–322 title VI § 60026 · 108 Stat. 1796

   Substituted · 18 U.S.C. § 3005

   Pub. L. 103–322 substituted “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall” for “learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall”

   Source evidence

   Code amendment note
   Pub. L. 103–322 substituted “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall” for “learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall”.

   Enacted provision · exact public law section
   SEC. 60026. APPOINTMENT OF COUNSEL. Section 3005 of title 18, United States Code, is amended by striking “learned in the law” and all that follows through “He shall” and inserting “; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall”.

1 of 2 references resolved to an enrolled provision · 1 partial