§ 5032. Delinquency proceedings in district courts; transfer for criminal prosecution

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. § 5032

   June 25, 1948, ch. 645, 62 Stat. 857

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 857

2. 1974

   Juvenile Justice and Delinquency Prevention Act of 1974

   Pub. L. 93–415 title V § 502 · [88 Stat. 1109]

   1. Amended · 18 U.S.C. § 5032

      Pub. L. 93–415 amended section generally

   2. Substituted · 18 U.S.C. § 5032

      Pub. L. 93–415 substituting “Delinquency proceedings in district courts; transfer for criminal prosecution”, for “Proceedings against juvenile delinquent” in section catchline

   3. Inserted · 18 U.S.C. § 5032

      Pub. L. 93–415 inserting provisions relating to certification to, and procedures in, district courts, transfer upon motion by Attorney General with respect to a juvenile sixteen years and older, factors considered in transfer, notice of transfer, barring of subsequent criminal or juvenile delinquency proceedings upon entering plea of guilty or upon taking of evidence, and admissibility of statements by a juvenile in subsequent criminal prosecution

   4. Substituted · 18 U.S.C. § 5032

      Pub. L. 93–415 substituting provision relating to consent upon advice of counsel for treatment as an adult, for provision requiring consent for treatment as a juvenile

   Source evidence

   Code amendment note
   Pub. L. 93–415 amended section generally, substituting “Delinquency proceedings in district courts; transfer for criminal prosecution”, for “Proceedings against juvenile delinquent” in section catchline, inserting provisions relating to certification to, and procedures in, district courts, transfer upon motion by Attorney General with respect to a juvenile sixteen years and older, factors considered in transfer, notice of transfer, barring of subsequent criminal or juvenile delinquency proceedings upon entering plea of guilty or upon taking of evidence, and admissibility of statements by a juvenile in subsequent criminal prosecution, and substituting provision relating to consent upon advice of counsel for treatment as an adult, for provision requiring consent for treatment as a juvenile.

   Enacted provision · exact public law section
   Sec. 502. delinquency proceedings in district courts Section 5032 of title 18, United States Code, is amended to read as follows: “§ 5032. Delinquency proceedings in district courts; transfer for criminal prosecution “A juvenile alleged to have committed an act of juvenile delinquency shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to an appropriate district court of the United States that the juvenile court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, or (2) does not have available programs and services adequate for the needs of juveniles. “If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State. “If an alleged juvenile delinquent is not surrendered to the authorities of a State or the District of Columbia pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below. “A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile sixteen years and older alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after nearing, such transfer would be in the interest of justice. “Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile’s prior delinquency record; the juvenile’s present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile’s response to such efforts: the availability of programs designed to treat the juvenile’s behavioral problems. “Reasonable notice of the transfer hearing shall be given to the juvenile, his parents, guardian, or custodian and to his counsel. The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings. “Once a juvenile has entered a plea of guilty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred. “Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions.”

3. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1201(a) · 98 Stat. 1837

   1. Amended · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), amended first par. generally

   2. Inserted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), inserting “, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months,” before “shall not be proceeded”

   3. Inserted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), inserting “(1)” before “the juvenile court”

   4. Struck · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), striking out “(1)” before “does not have”

   5. Inserted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), inserting “the State” after “(2)”

   6. Inserted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(a), inserting “, or (3) the offense charged is a crime of violence that is a felony, or an offense described in section 841, 952(a), 955, or 959 of title 21, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.”

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 1201(a), amended first par. generally, inserting “, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months,” before “shall not be proceeded”, inserting “(1)” before “the juvenile court”, striking out “(1)” before “does not have”, inserting “the State” after “(2)”, and inserting “, or (3) the offense charged is a crime of violence that is a felony, or an offense described in section 841, 952(a), 955, or 959 of title 21, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.”

   Enacted provision · exact public law section
   (a) The first paragraph of section 5032 of title 18 of the United States Code is amended to read as follows: Post, p. 2150. “A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 841, 952(a), 955, or 959 of 21 USC 841, 952, 955, 959. title 21, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.”

4. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1201(b)(1) · 98 Stat. 1837

   Substituted · 18 U.S.C. § 5032

   Pub. L. 98–473, § 1201(b)(1), which directed the amendment of fourth par. by substituting “that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21” for “punishable by a maximum penalty of ten years imprisonment or more, life imprisonment or death” was executed by substituting the quoted wording for “punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death” as the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 1201(b)(1), which directed the amendment of fourth par. by substituting “that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21” for “punishable by a maximum penalty of ten years imprisonment or more, life imprisonment or death” was executed by substituting the quoted wording for “punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death” as the probable intent of Congress.

   Enacted provision · exact public law section
   (1) by striking “punishable by a maximum term of ten years imprisonment or more, life imprisonment or death,” and inserting in lieu thereof: “that is a crime of violence or an offense described in section 841, 952(a), 955, or 959 of title 21,”;

5. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1201(b)(2) · 98 Stat. 1837

   1. Substituted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(b)(2), substituted “fifteen” for “sixteen” in fourth par

   2. Substituted · 18 U.S.C. § 5032

      Pub. L. 98–473, § 1201(b)(2), substituted “fifteenth” for “sixteenth” in fourth par

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 1201(b)(2), substituted “fifteen” for “sixteen” and “fifteenth” for “sixteenth” in fourth par.

   Enacted provision · exact public law section
   (2) by striking out “sixteen” and “sixteenth” and inserting in lieu thereof “fifteen” and “fifteenth” respectively; and

6. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1201(b)(3) · 98 Stat. 1837

   Inserted · 18 U.S.C. § 5032

   Pub. L. 98–473, § 1201(b)(3), inserted provision at end of fourth par., relating to transfer of a juvenile who is alleged to have committed certain acts after his sixteenth birthday to the appropriate district court of the United States for criminal prosecution

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 1201(b)(3), inserted provision at end of fourth par., relating to transfer of a juvenile who is alleged to have committed certain acts after his sixteenth birthday to the appropriate district court of the United States for criminal prosecution.

   Enacted provision · exact public law section
   (3) by striking out the period at the end of the paragraph and inserting in lieu thereof: “; however, a juvenile who is alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony offense that has as an element thereof the use, attempted use, or threatened use of physical force against the person of another, or that, by its very nature, involves a substantial risk that physical force against the person of another may be used in committing the offense, or would be an offense described in section 32, 81, 844 (d), (e), (f), Post, p. 2187; 18 USC 81, 844; ante, p. 2142; 18 USC 2275. (h), (i) or 2275 of this title, and who has previously been found guilty of an act which if committed by an adult would have been one of the offenses set forth in this subsection or an offense in violation of a State felony statute that would have been such an offense if a circumstance giving rise to Federal jurisdiction had existed, shall be transferred to the appropriate district court of the United States for criminal prosecution.”; and

7. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 1201(c) · 98 Stat. 1837

   Added · 18 U.S.C. § 5032

   Pub. L. 98–473, § 1201(c), added three pars. at end of section relating to juveniles not convicted of crimes in district court, reception of prior juveniles court records by the court, and description of the specific act of delinquency for the record

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 1201(c), added three pars. at end of section relating to juveniles not convicted of crimes in district court, reception of prior juveniles court records by the court, and description of the specific act of delinquency for the record.

   Enacted provision · exact public law section
   (c) Section 5032 of title 18 of the United States Code is further amended by adding at the end thereof the following: “Whenever a juvenile transferred to district court under this section is not convicted of the crime upon which the transfer was based or another crime which would have warranted transfer had the juvenile been initially charged with that crime, further proceedings concerning the juvenile shall be conducted pursuant to the provisions of this chapter. “Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until any prior juvenile court records of such juvenile have been received by the court, or the clerk of the juvenile court has certified in writing that the juvenile has no prior record, or that the juvenile’s record is unavailable and why it is unavailable. “Whenever a juvenile is adjudged delinquent pursuant to the provisions of this chapter, the specific acts which the juvenile has been found to have committed shall be described as part of the official record of the proceedings and part of the juvenile’s official record.”.

8. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6467(a)(1) · 102 Stat. 4181

   Substituted · 18 U.S.C. § 5032

   Pub. L. 100–690, § 6467(a)(1), substituted “section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), or section 922(p) of this title,” for “section 841, 952(a), 955, or 959 of title 21,” in first par

   Source evidence

   Code amendment note
   Pub. L. 100–690, § 6467(a)(1), substituted “section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), or section 922(p) of this title,” for “section 841, 952(a), 955, or 959 of title 21,” in first par.

   Enacted provision · exact public law section
   (1) in the first undesignated paragraph, by striking out “section 841, 952(a), 955, or 959 of title 21,” and inserting in lieu thereof “section 401 of the Controlled Substances Act (21 U.S.C 841), or section 1002(a), 1003, 1005, 1009, or 1010(b) (1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), (3)), or section 922(p) of this title,”; and

9. 1988

   Anti-Drug Abuse Amendments Act of 1988

   Pub. L. 100–690 § 6467(a)(2) · 102 Stat. 4181

   1. Substituted · 18 U.S.C. § 5032

      Pub. L. 100–690, § 6467(a)(2), substituted “section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959),” for “section 841, 952(a), 955, or 959 of title 21,”

   2. Inserted · 18 U.S.C. § 5032

      Pub. L. 100–690, § 6467(a)(2), inserted “subsection (b)(1)(A), (B), or (C), (d), or (e) of section 401 of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)),” after “2275 of this title,” in fourth par

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–690, § 6467(a)(2), substituted “section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959),” for “section 841, 952(a), 955, or 959 of title 21,” and inserted “subsection (b)(1)(A), (B), or (C), (d), or (e) of section 401 of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), (3)),” after “2275 of this title,” in fourth par.

   Enacted provision · exact public law section
   (2) in the fourth undesignated paragraph— (A) by striking out “section 841, 952(a), 955, or 959 of title 21,” and inserting in lieu thereof “section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, 959),”; and (B) by inserting after “2275 of this title,” the following: “subsection (b)(1) (A), (B), or (C), (d), or (e) of section 401 of the Controlled Substances Act, or section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 959, 960(b) (1), (2), (3)),”.

10. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 title XII § 1205(n) · 104 Stat. 4789

    1. Inserted · 18 U.S.C. § 5032

       Pub. L. 101–647 inserted definition of “State” at end of second par.

    2. Struck · 18 U.S.C. § 5032

       Pub. L. 101–647 struck out “or the District of Columbia” after “to the authorities of a State” in third par.

    3. Substituted · 18 U.S.C. § 5032

       Pub. L. 101–647 substituted “offenses set forth in this paragraph” for “offenses set forth in this subsection” in fourth par

    Source evidence

    Code amendment note
    Pub. L. 101–647 inserted definition of “State” at end of second par., struck out “or the District of Columbia” after “to the authorities of a State” in third par., and substituted “offenses set forth in this paragraph” for “offenses set forth in this subsection” in fourth par.

    Enacted provision · exact public law section
    (n) Section 5032 of title 18, United States Code, is amended— (1) in the second undesignated paragraph, by adding at the end the following: “For purposes of this section, the term ‘State’ includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”; and (2) in the third undesignated paragraph, by striking out “to the authorities of a State or the District of Columbia” and inserting in lieu thereof “to the authorities of a State”.

11. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 150002(1) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 5032

    Pub. L. 103–322, § 150002(1), substituted “924(b), (g), or (h)” for “922(p)” in first par

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 150002(1), substituted “924(b), (g), or (h)” for “922(p)” in first par.

    Enacted provision · exact public law section
    (1) in the first undesignated paragraph by striking “922(p)” and inserting “924(b), (g), or (h)”;

12. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 110201(c)(2)(A) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 5032

    Pub. L. 103–322, § 110201(c)(2)(A), inserted “or (x)” after “922(p)” in first par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 110201(c)(2)(A), inserted “or (x)” after “922(p)” in first par.

    Enacted provision · exact public law section
    (A) in the first undesignated paragraph by inserting “or (x)” after “922(p)”; and

13. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 140001 · 108 Stat. 1796

    Substituted · 18 U.S.C. § 5032

    Pub. L. 103–322, § 140001, in fourth par., substituted “. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However” for “; however”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 140001, in fourth par., substituted “. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However” for “; however”.

    Enacted provision · exact public law section
    SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES OF VIOLENCE. The 4th undesignated paragraph of section 5032 of title 18, United States Code, is amended by striking “; however” and inserting “. In the application of the preceding sentence, if the crime of violence is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a firearm during the offense, section 2111, 2113, 2241(a), or 2241(c), ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the preceding sentence for any offense the Federal jurisdiction for which is predicated solely on Indian country (as defined in section 1151), and which has occurred within the boundaries of such Indian country, unless the governing body of the tribe has elected that the preceding sentence have effect over land and persons subject to its criminal jurisdiction. However”.

14. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XI § 110201(c)(2) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 5032

    Pub. L. 103–322, §§ 110201(c)(2)(B), 150002(2), inserted “or section 922(x) of this title, or in section 924(b), (g), or (h) of this title,” before “criminal prosecution on the basis” in fourth par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, §§ 110201(c)(2)(B), 150002(2), inserted “or section 922(x) of this title, or in section 924(b), (g), or (h) of this title,” before “criminal prosecution on the basis” in fourth par.

    Enacted provision · exact public law section
    (2) Section 5032.— Section 5032 of title 18, United States Code, is amended— (A) in the first undesignated paragraph by inserting “or (x)” after “922(p)”; and (B) in the fourth undesignated paragraph by inserting “or section 922(x) of this title,” before “criminal prosecution on the basis”.

15. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 150002(3) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 5032

    Pub. L. 103–322, § 150002(3), inserted at end of fifth par. “In considering the nature of the offense, as required by this paragraph, the court shall consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms. Such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 150002(3), inserted at end of fifth par. “In considering the nature of the offense, as required by this paragraph, the court shall consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms. Such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.”

    Enacted provision · exact public law section
    (3) in the fifth undesignated paragraph by adding at the end the following: “In considering the nature of the offense, as required by this paragraph, the court shall consider the extent to which the juvenile played a leadership role in an organization, or otherwise influenced other persons to take part in criminal activities, involving the use or distribution of controlled substances or firearms. Such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of this factor shall not preclude such a transfer.”.

16. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 140002 · 108 Stat. 1796

    Substituted · 18 U.S.C. § 5032

    Pub. L. 103–322, § 140002, substituted “A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until” for “Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until” in tenth par

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 140002, substituted “A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until” for “Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until” in tenth par.

    Enacted provision · exact public law section
    SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING. Section 5032 of title 18, United States Code, is amended by striking “Any proceedings against a juvenile under this chapter or as an adult shall not be commenced until” and inserting “A juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until”.

17. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 601(c)(1) · 110 Stat. 3488

    1. Inserted · 18 U.S.C. § 5032

       Pub. L. 104–294, in first par., inserted “section 922(x)” before “or section 924(b)”

    2. Struck · 18 U.S.C. § 5032

       Pub. L. 104–294, in first par., struck out “or (x)” after “or (h)”, and in third par.

    3. Inserted · 18 U.S.C. § 5032

       Pub. L. 104–294, in first par., inserted “or as authorized under section 3401(g) of this title” after “shall proceed by information”

    Source evidence

    Code amendment note
    Pub. L. 104–294, in first par., inserted “section 922(x)” before “or section 924(b)” and struck out “or (x)” after “or (h)”, and in third par., inserted “or as authorized under section 3401(g) of this title” after “shall proceed by information”.

    Enacted provision · exact public law section
    (1) The third undesignated paragraph of section 5032 of title 18, United States Code, is amended by inserting “or as authorized under section 3401(g) of this title” after “shall proceed by information”.

30 of 31 references resolved to an enrolled provision · 1 partial