§ 3041. Power of courts and magistrates

Statutory text

For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case.

A United States judge or magistrate judge shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial or to discharge him from arrest.

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.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3041
June 25, 1948, ch. 645, 62 Stat. 815
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 815
1966
Bail Reform Act of 1966
Pub. L. 89–465 § 5(a) · 80 Stat. 214
Substituted · 18 U.S.C. § 3041
Pub. L. 89–465 substituted “or released as provided in chapter 207 of this title” for “or bailed”
Source evidence
Code amendment note
Pub. L. 89–465 substituted “or released as provided in chapter 207 of this title” for “or bailed”.
Enacted provision · exact public law section
(a) The first sentence of section 3041 of title 18, United States Code, is amended by striking out “or bailed” and inserting in 62 Stat. 815. lieu thereof “or released as provided in chapter 207 of this title”.
1968
Federal Magistrates Act
Pub. L. 90–578 title III § 301(a)(1) · 82 Stat. 1107
Substituted · 18 U.S.C. § 3041
Pub. L. 90–578 substituted “United States magistrate” and “magistrate” for “United States commissioner” and “commissioner”, respectively
Source evidence
Code amendment note
Pub. L. 90–578 substituted “United States magistrate” and “magistrate” for “United States commissioner” and “commissioner”, respectively.
Enacted provision · exact public law section
(1) striking out the words “United States commissioner” wherever they appear therein, and inserting in lieu thereof the, words “United States magistrate”;
Effective date note
Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
1984
Bail Reform Act of 1984
Pub. L. 98–473 title II § 204(a) · 98 Stat. 1837
Substituted · 18 U.S.C. § 3041
Pub. L. 98–473 substituted “determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial” for “determining to hold the prisoner for trial”
Source evidence
Code amendment note
Pub. L. 98–473 substituted “determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial” for “determining to hold the prisoner for trial”.
Enacted provision · exact public law section
(a) The last sentence of section 3041 is amended by striking out “determining to hold the prisoner for trial” and inserting in lieu thereof “determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial”.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 591 (R.S. § 1014; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).

This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and examinations before United States judges and commissioners and for removal proceedings but not for preliminary examinations before State magistrates.

Editorial Notes

Amendments1966–1984 · 3 rounds

1984

Pub. L. 98–473 substituted “determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial” for “determining to hold the prisoner for trial”.

1968

Pub. L. 90–578 substituted “United States magistrate” and “magistrate” for “United States commissioner” and “commissioner”, respectively.

1966

Pub. L. 89–465 substituted “or released as provided in chapter 207 of this title” for “or bailed”.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in text 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 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–465 effective ninety days after June 22, 1966, see section 6 of Pub. L. 89–465, set out as an Effective Date note under section 3146 of this title.

Credits

1948–1990 · 5 acts

1948June 25, 1948, ch. 645, 62 Stat. 815
1966Pub. L. 89–465, § 5(a), June 22, 1966, 80 Stat. 217
1968Pub. L. 90–578, title III, § 301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115
1984Pub. L. 98–473, title II, § 204(a), Oct. 12, 1984, 98 Stat. 1985
1990Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89–465, § 5(a), June 22, 1966, 80 Stat. 217; Pub. L. 90–578, title III, § 301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98–473, title II, § 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)