§ 3060. Preliminary examination

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. § 3060

   June 25, 1948, ch. 645, 62 Stat. 819

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 819

2. 1968

   Federal Magistrates Act

   Pub. L. 90–578 title III § 303(a) · 82 Stat. 1107

   Substituted · 18 U.S.C. § 3060

   Pub. L. 90–578 substituted provisions of subsecs. (a) to (f) of this section detailing preliminary examination content for prior provisions which directed attention to the rule in section catchline, and directed one to see Federal Rules of Criminal Procedure, including “Proceedings before commissioner, appearance, advice as to right to counsel, hearing, Rule 5.”

   Source evidence

   Code amendment note
   Pub. L. 90–578 substituted provisions of subsecs. (a) to (f) of this section detailing preliminary examination content for prior provisions which directed attention to the rule in section catchline, and directed one to see Federal Rules of Criminal Procedure, including “Proceedings before commissioner, appearance, advice as to right to counsel, hearing, Rule 5.”.

   Enacted provision · exact public law section
   (a) Section 3060, title 18, United States Code, is amended 62 Stat. 819. to read as follows: “§ 3060. Preliminary examination “(a) Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate pursuant to subsection (b) of this section, to determine whether there is probable cause to believe that an offense has been committed and that the arrested person has committed it. “(b) The date for the preliminary examination shall be fixed by the judge or magistrate at the initial appearance of the arrested person. Except as provided by subsection (c) of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than— “(1) the tenth day following the date of the initial appearance of the arrested person before such officer if the arrested person is held in custody without any provision for release, or is held in custody for failure to meet the conditions of release imposed, or is released from custody only during specified hours of the day; or “(2) the twentieth day following the date of the initial appearance if the arrested person is released from custody under any condition other than a condition described in paragraph (1) of this subsection. “(c) With the consent of the arrested person, the date fixed by the judge or magistrate for the preliminary examination may be a date later than that prescribed by subsection (b), or may be continued one or more times to a date subsequent to the date initially fixed therefor. In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice. “(d) Except as provided by subsection (e) of this section, an arrested person who has not been accorded the preliminary examination required by subsection (a) within the period of time fixed by the judge or magistrate in compliance with subsections (b) and (c), shall be discharged from custody or from the requirement of bail or any other condition of release, without prejudice, however, to the institution of further criminal proceedings against him upon the charge upon which he was arrested. “(e) No preliminary examination in compliance with subsection (a) of this section shall be required to be accorded an arrested person, nor shall such arrested person be discharged from custody or from the requirement of bail or any other condition of release pursuant to subsection (d), if at any time subsequent to the initial appearance of such person before a judge or magistrate and prior to the date fixed for the preliminary examination pursuant to subsections (b) and (c) an indictment is returned or, in appropriate eases, an information is filed against such person in a court, of the United States. “(f) Proceedings before United States magistrates under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.”

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title XI § 1179 · 119 Stat. 2960

   Substituted · 18 U.S.C. § 3060(c)

   Pub. L. 109–162 substituted “In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.” for “In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–162 substituted “In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.” for “In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice.”

   Enacted provision · exact public law section
   SEC. 1179. MAGISTRATE JUDGE’S AUTHORITY TO CONTINUE PRELIMINARY HEARING.   The second sentence of section 3060(c) of title 18, United States Code, is amended to read as follows: “In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.”.

4. 2009

   Statutory Time-Periods Technical Amendments Act of 2009

   Pub. L. 111–16 § 3(9) · 123 Stat. 1607

   Substituted · 18 U.S.C. § 3060(b)(1)

   Pub. L. 111–16 substituted “fourteenth day” for “tenth day”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 111–16 substituted “fourteenth day” for “tenth day”.

   Enacted provision · exact public law section
   (9) in section 3060(b)(1), by striking “tenth day” and inserting “fourteenth day”;

   Effective date note
   Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

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