§ 3731. Appeal by United States

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. § 3731

   June 25, 1948, ch. 645, 62 Stat. 844

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 844

2. 1968

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title VIII § 1301 · 82 Stat. 197

   1. Inserted · 18 U.S.C. § 3731

      Pub. L. 90–351 inserted eighth par. providing for an appeal by the United States from decisions sustaining motions to suppress evidence

   2. Substituted · 18 U.S.C. § 3731

      Pub. L. 90–351 substituted in tenth par. “defendant shall be released in accordance with chapter 207 of this title” for “defendant shall be admitted to bail on his own recognizance”, respectively

   Source evidence

   Code amendment note
   Pub. L. 90–351 inserted eighth par. providing for an appeal by the United States from decisions sustaining motions to suppress evidence and substituted in tenth par. “defendant shall be released in accordance with chapter 207 of this title” for “defendant shall be admitted to bail on his own recognizance”, respectively.

   Enacted provision · exact public law section
   Sec. 1301. (a) Section 3731 of title 18, United States Code, is 62 Stat. 844. amended by inserting after the seventh paragraph the following new paragraph: “From an order, granting a motion for return of seized property or a motion to suppress evidence, made before the trial of a person charged with a violation of any law of the United States, if the United States attorney certifies to the judge who granted such motion that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of the charge pending against the defendant.” (b) Such section is amended by striking out in tile third paragraph from the end “the defendant shall be admitted to bail on his own recognizance” and inserting “the defendant shall be released in accordance 62 Stat. 821; 80 Stat. 214. 18 USC 3141–3152. Appeals. with chapter 287 of this title”.

3. 1971

   Omnibus Crime Control Act of 1970

   Pub. L. 91–644 § 14(a)(1) · 84 Stat. 1880

   Changed · 18 U.S.C. § 3731

   Pub. L. 91–644, § 14(a)(1), enacted provision for appeal to a court of appeals from decision, judgment, or order of district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where double jeopardy prohibits further prosecution

   Source evidence

   Code amendment note
   First par. Pub. L. 91–644, § 14(a)(1), enacted provision for appeal to a court of appeals from decision, judgment, or order of district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where double jeopardy prohibits further prosecution.

   Enacted provision · exact public law section
   (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: “In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except, that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. “An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.”;

4. 1971

   Omnibus Crime Control Act of 1970

   Pub. L. 91–644 § 14(a)(1) · 84 Stat. 1880

   Changed · 18 U.S.C. § 3731

   Pub. L. 91–644, § 14(a)(1), enacted provision for appeal to a court of appeals from decision or order of district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Second par. Pub. L. 91–644, § 14(a)(1), enacted provision for appeal to a court of appeals from decision or order of district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.

   Such first and second pars. superseded former first eight pars. Pars. one through four had provided for appeal from district courts to Supreme Court from decision or judgment setting aside, or dismissing any indictment or information, or any count thereof and from decision arresting judgment of conviction for insufficiency of indictment or information, where such decision or judgment was based upon invalidity or construction of the statute upon which the indictment or information was founded and for an appeal from decision or judgment sustaining a motion in bar, where defendant had not been put in jeopardy. Pars. five through eight provided for appeal from district courts to a court of appeals where there were no provisions for direct appeal to Supreme Court from decision or judgment setting aside, or dismissing any indictment or information, or any count thereof and from decision arresting a judgment of conviction, and from an order, granting a motion for return of seized property or a motion to suppress evidence, made before trial of a person charged with violation of a Federal law, if the United States attorney certified to the judge who granted the motion that the appeal was not taken for purpose of delay and that the evidence was a substantial proof of the charge pending against the defendant.

   Enacted provision · exact public law section
   (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: “In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except, that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. “An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.”;

5. 1971

   Omnibus Crime Control Act of 1970

   Pub. L. 91–644 § 14(a)(2) · 84 Stat. 1880

   Changed · 18 U.S.C. § 3731

   Pub. L. 91–644, § 14(a)(2), authorized within third par., formerly ninth, an appeal within thirty days after order has been rendered

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Third par. Pub. L. 91–644, § 14(a)(2), authorized within third par., formerly ninth, an appeal within thirty days after order has been rendered.

   Enacted provision · exact public law section
   (2) by striking out the word “or” in the ninth paragraph and inserting in lieu thereof a comma, and inserting “or order” following the word “judgment” in the same paragraph;

6. 1971

   Omnibus Crime Control Act of 1970

   Pub. L. 91–644 § 14(a) · 84 Stat. 1880

   Amended · 18 U.S.C. § 3731

   Pub. L. 91–644, § 14(a), in revising the provisions, had the effect of designating former tenth par. as fourth par

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Fourth par. Pub. L. 91–644, § 14(a), in revising the provisions, had the effect of designating former tenth par. as fourth par.

   Enacted provision · exact public law section
   (a) Section 3731 of title 18, United States Code, is amended— (1) by striking out the first eight paragraphs and inserting in lieu thereof the following: “In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except, that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. “An appeal by the United States shall lie to a court of appeals from a decision or order of a district courts suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.”; (2) by striking out the word “or” in the ninth paragraph and inserting in lieu thereof a comma, and inserting “or order” following the word “judgment” in the same paragraph; (3) by striking out the last two paragraphs and inserting in lieu thereof a new paragraph as follows: “The provisions of this section shall he liberally construed to effectuate its purposes.”

7. 1971

   Omnibus Crime Control Act of 1970

   Pub. L. 91–644 § 14(a)(3) · 84 Stat. 1880

   Substituted · 18 U.S.C. § 3731

   Pub. L. 91–644, § 14(a)(3), substituted as a fifth par. provision for liberal construction of this section for prior eleventh par. provision respecting remand of case by Supreme Court to court of appeals that should have been taken to such court and treatment of the court’s jurisdiction to hear and determine the case as if the appeal were so taken in the first instance and for prior twelfth par. provision respecting certification of case to Supreme Court that should have been taken directly to such Court and treatment of the Court’s jurisdiction to hear and determine the case as if the appeal were taken directly to such Court

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Fifth par. Pub. L. 91–644, § 14(a)(3), substituted as a fifth par. provision for liberal construction of this section for prior eleventh par. provision respecting remand of case by Supreme Court to court of appeals that should have been taken to such court and treatment of the court’s jurisdiction to hear and determine the case as if the appeal were so taken in the first instance and for prior twelfth par. provision respecting certification of case to Supreme Court that should have been taken directly to such Court and treatment of the Court’s jurisdiction to hear and determine the case as if the appeal were taken directly to such Court.

   Enacted provision · exact public law section
   (3) by striking out the last two paragraphs and inserting in lieu thereof a new paragraph as follows: “The provisions of this section shall he liberally construed to effectuate its purposes.”

8. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1206 · 98 Stat. 1837

   Inserted · 18 U.S.C. § 3731

   Pub. L. 98–473, § 1206, inserted “or granting a new trial after verdict or judgment,” after “indictment or information”

   Source evidence

   Code amendment note
   First par. Pub. L. 98–473, § 1206, inserted “or granting a new trial after verdict or judgment,” after “indictment or information”.

   Enacted provision · exact public law section
   Sec. 1206. The first paragraph of section 3731 of title 18 of the United States Code is amended by adding, after “indictment or information” the words, “or granting a new trial after verdict or judgment,”.

9. 1984

   Bail Reform Act of 1984

   Pub. L. 98–473 § 205 · 98 Stat. 1837

   Inserted · 18 U.S.C. § 3731

   Pub. L. 98–473, § 205, inserted third par. relating to appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Third par. Pub. L. 98–473, § 205, inserted third par. relating to appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.

   Enacted provision · exact public law section
   Sec. 205. Section 3731 of title 18, United States Code, is amended by adding after the second paragraph the following new paragraph: “An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.”.

10. 1986

    Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 32 · 100 Stat. 3592

    Struck · 18 U.S.C. § 3731

    Pub. L. 99–646 struck out fifth par. which read as follows: “Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be released in accordance with chapter 207 of this title.”

    Source evidence

    Code amendment note
    Fifth par. Pub. L. 99–646 struck out fifth par. which read as follows: “Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be released in accordance with chapter 207 of this title.”

    Enacted provision · exact public law section
    SEC. 32. ELIMINATION OF SUPERFLUOUS CROSS-REFERENCE. Section 3731 of title 18, United States Code, is amended by striking out the fifth paragraph.

11. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330008(4) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 3731

    Pub. L. 103–322 substituted “order of a district court” for “order of a district courts”

    Source evidence

    Code amendment note
    Second par. Pub. L. 103–322 substituted “order of a district court” for “order of a district courts”.

    Enacted provision · exact public law section
    (4) in section 3731 by striking “order of a district courts” and inserting “order of a district court” in the second undesignated paragraph;

12. 2002

    21st Century Department of Justice Appropriations Authorization Act

    Pub. L. 107–273 div. B title III § 3004 · 116 Stat. 1758

    Inserted · 18 U.S.C. § 3731

    Pub. L. 107–273 inserted “, or any part thereof” after “as to any one or more counts”

    Source evidence

    Code amendment note
    First par. Pub. L. 107–273 inserted “, or any part thereof” after “as to any one or more counts”.

    Enacted provision · exact public law section
    SEC. 3004. APPEALS FROM CERTAIN DISMISSALS. Section 3731 of title 18, United States Code, is amended by inserting “, or any part thereof” after “as to any one or more counts”.

12 of 13 references resolved to an enrolled provision · 1 partial