§ 10211. Training and manpower development

Footnotes

1. 1 So in original. Probably should be “officers,”.

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. 1984

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title I § 701 · 82 Stat. 197

   Enacted · 34 U.S.C. § 10211

   Pub. L. 90–351, title I, § 701, as added Pub. L. 98–473, title II, § 609A(a), Oct. 12, 1984, 98 Stat. 2090

   Source evidence

   Code source credit
   Pub. L. 90–351, title I, § 701, as added Pub. L. 98–473, title II, § 609A(a), Oct. 12, 1984, 98 Stat. 2090

   Enacted provision · exact public law section
   Sec. 701. (a) Chapter 223, title 18, United States Code (relating to witnesses and evidence), is amended by adding at the end thereof the following new sections: “§ 3501. Admissibility of confessions “(a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give, such weight to the confession as the, jury feels it deserves under all the circumstances. “(b) The trial judge in determining the issue of voluntaring shall take into consideration all the circumstances surrounding the giving of the confession, including (1) the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel; and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. “The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession. “(c) In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law enforcement officer or law enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a commissioner or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such commissioner or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such commissioner or other officer. “(d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention. “(e) As used in this section, the term ‘confession’ means any confession of “Confession.” guilt of any criminal offense or any self-incriminating statement made or given orally or in writing. “§ 3502. Admissibility in evidence of eye witness testimony “The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court ordained and established under article III of the Constitution of the United States.” (b) The section analysis of that, chapter is amended by adding at the end thereof the following new items: “3501. Admissibility of confessions. “3502. Admissibility in evidence of eye witness testimony.”

2. 1999

   Pub. L. 106–110 § 1(a)(1) · 113 Stat. 1497

   1. Substituted · 34 U.S.C. § 10211(a)(1)

      Pub. L. 106–110, § 1(a)(1), substituted “State, unit of local government, or rail carrier” for “State or unit of local government”

   2. Inserted · 34 U.S.C. § 10211(a)(1)

      Pub. L. 106–110, § 1(a)(1), inserted “, including railroad police officers” before semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 106–110, § 1(a)(1), substituted “State, unit of local government, or rail carrier” for “State or unit of local government” and inserted “, including railroad police officers” before semicolon at end.

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by striking “State or unit of local government” and inserting “State, unit of local government, or rail carrier”; and (B) by inserting “, including railroad police officers” before the semicolon; and

3. 1999

   Pub. L. 106–110 § 1(a)(2) · 113 Stat. 1497

   1. Substituted · 34 U.S.C. § 10211(a)(3)

      Pub. L. 106–110, § 1(a)(2), substituted “State, unit of local government, or rail carrier” for “State or unit of local government”, “State or such unit”, and “State or unit”

   2. Inserted · 34 U.S.C. § 10211(a)(3)

      Pub. L. 106–110, § 1(a)(2), inserted “railroad police officer,” after “deputies,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 106–110, § 1(a)(2), substituted “State, unit of local government, or rail carrier” for “State or unit of local government”, “State or such unit”, and “State or unit” and inserted “railroad police officer,” after “deputies,”.

   Enacted provision · exact public law section
   (2) in paragraph (3)— (A) by striking “State or unit of local government” and inserting “State, unit of local government, or rail carrier”; (B) by inserting “railroad police officer,” after “deputies,”; (C) by striking “State or such unit” and inserting “State, unit of local government, or rail carrier”; and (D) by striking “State or unit.” and inserting “State, unit of local government, or rail carrier.”.

4. 1999

   Pub. L. 106–110 § 1(b) · 113 Stat. 1497

   Added · 34 U.S.C. § 10211(d); 34 U.S.C. § 10211(e)

   Pub. L. 106–110, § 1(b), (c), added subsecs. (d) and (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 106–110, § 1(b), (c), added subsecs. (d) and (e).

   Enacted provision · exact public law section
   (b) Rail Carrier Costs.— Section 701 of part G of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3771) is amended by adding at the end the following: “(d) Rail Carrier Costs.— No Federal funds may be used for any travel, transportation, or subsistence expenses incurred in connection with the participation of a railroad police officer in a training program conducted under subsection (a). ” .

6 of 6 references resolved to an enrolled provision