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Title 28 — Judiciary and Judicial Procedure

Part V · Chapter 119 — Evidence; Witnesses

§ 1826. Recalcitrant witnesses

Statutory text

(a)

Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of—

(1)

the court proceeding, or

(2)

the term of the grand jury, including extensions,

before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months.

(b)

No person confined pursuant to subsection (a) of this section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.

(c)

Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined pursuant to this section or section 4243 of title 18, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.

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. Organized Time Control Act of 1970

    Pub. L. 91–452 title III § 301(a) · 84 Stat. 922

    Enacted · 28 U.S.C. § 1826

    Added Pub. L. 91–452, title III, § 301(a), Oct. 15, 1970, 84 Stat. 932

    Source evidence

    Code source credit
    Added Pub. L. 91–452, title III, § 301(a), Oct. 15, 1970, 84 Stat. 932

    Enacted provision · exact public law section
    (a) Chapter 119, title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 1826. Recalcitrant witnesses “(a) Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information. No period of such confinement shall exceed the life of— “(1) the court proceeding, or “(2) the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, but in no event shall such confinement exceed eighteen months. “(b) No person confined pursuant to subsection (a) of tills section shall be admitted to bail pending the determination of an appeal taken by him from the order for his confinement if it appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, but not later than thirty days from the filing of such appeal.”

  2. Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 title II § 1013 · 98 Stat. 1837

    Added · 28 U.S.C. § 1826(c)

    Pub. L. 98–473 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–473 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 1013. Section 1826 of title 28, United States Code is amended by adding a new subsection (c) as follows: “(c) Whoever escapes or attempts to escape from the custody of any facility or from any place in which or to which he is confined Ante, p. 2059. pursuant to this section or section 4243 of title 18, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to imprisonment for not more than three years, or a fine of not more than $10,000, or both.”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

1984—Subsec. (c). Pub. L. 98–473 added subsec. (c).

Credits

1970–1984 · 2 acts
  1. 1970Added Pub. L. 91–452, title III, § 301(a), , 84 Stat. 932
  2. 1984amended Pub. L. 98–473, title II, § 1013, , 98 Stat. 2142.
Show as published

(Added Pub. L. 91–452, title III, § 301(a), , 84 Stat. 932; amended Pub. L. 98–473, title II, § 1013, , 98 Stat. 2142.)

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USLM identifier /us/usc/t28/s1826