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Title 18 — Crimes and Criminal Procedure

Part IV · Chapter 403 — Juvenile Delinquency

§ 5033. Custody prior to appearance before magistrate judge

Statutory text

Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.

The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.

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. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 5033

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

    Source evidence

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

  2. Juvenile Justice and Delinquency Prevention Act of 1974

    Pub. L. 93–415 title V § 503 · [88 Stat. 1109]

    1. Amended · 18 U.S.C. § 5033

      Pub. L. 93–415 amended section generally

    2. Substituted · 18 U.S.C. § 5033

      Pub. L. 93–415 substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline

    3. Substituted · 18 U.S.C. § 5033

      Pub. L. 93–415 substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court

    Source evidence

    Code amendment note
    Pub. L. 93–415 amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.

    Enacted provision · exact public law section
    Sec. 503. custody Section 5033 of title 18, United States Code is amended to read as follows: “§ 5033. Custody prior to appearance before magistrate “Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense. “The juvenile shall be taken before a magistrate forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate.”

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., §§ 922, 923 (June 16, 1938, ch. 486, §§ 2, 3, 52 Stat. 765).

This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.

This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.

The other provisions of said section 922 are incorporated in section 5032 of this title.

Editorial Notes

Amendments

1974—Pub. L. 93–415 amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” in catchline and wherever appearing 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.

Repeals

Pub. L. 93–415, title V, § 503, , 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, § 307, , 132 Stat. 5152.

Credits

1948–1990 · 3 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 857
  2. 1974Pub. L. 93–415, title V, § 503, , 88 Stat. 1135
  3. 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, § 503, , 88 Stat. 1135; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)

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