18 U.S.C. § 3161
AMENDMENTS2008-Subsec. (h)(1)(B) to (J). Pub. L. 110-406, §13(1), redesignated subpars. (D) to (J) as (B) to (H), respectively, and struck out former subpars. (B) and (C) which read as follows:"(B) delay resulting from any proceeding, including any examination of the defendant, pursuant to section 2902 of title 28, United States Code;"(C) delay resulting from deferral of prosecution pursuant to section 2902 of title 28, United States Code;".Subsec. (h)(5) to (9). Pub. L. 110-406, §13(2), (3), redesignated pars. (6) to (9) as (5) to (8), respectively, and struck out former par. (5) which read as follows: "Any period of delay resulting from the treatment of the defendant pursuant to section 2902 of title 28, United States Code."1988-Subsec. (k). Pub. L. 100-690 added subsec. (k).1984-Subsec. (h)(8)(C). Pub. L. 98-473, §1219(1), substituted "subparagraph (A) of this paragraph" for "paragraph (8)(A) of this subsection".Subsec. (h)(9). Pub. L. 98-473, §1219(2), added par. (9). 1979-Subsec. (c)(1). Pub. L. 96-43, §2, merged the ten day indictment-to-arraignment and the sixty day arraignment-to-trial limits into a single seventy day indictment-to-trial period.Subsec. (c)(2). Pub. L. 96-43, §2, added par. (2).Subsec. (d). Pub. L. 96-43, §3(a), designated existing provisions as par. (1) and added par. (2).Subsec. (e). Pub. L. 96-43, §3(b), substituted "seventy days" for "sixty days" in three places and inserted provisions excluding the periods of delay enumerated in subsec. (h) of this section in computing the time limitations specified in this section and applying the sanctions of section 3162 of this title to this subsection. Subsec. (h)(1). Pub. L. 96-43, §4, added to the listing of excludable delays, delays resulting from the deferral of prosecution under section 2902 of title 28, delays caused by consideration by the court of proposed plea agreements, and delays resulting from the transportation of a defendant from another district or for the purpose of examination or hospitalization, and expanded provisions relating to exclusions of periods of delay resulting from hearings on pretrial motions, examinations and hearings relating to the mental or physical condition of defendant, or the removal of a defendant from another district under the Federal Rules of Criminal Procedure.Subsec. (h)(8)(B)(ii). Pub. L. 96-43, §5(a), expanded provisions authorizing the granting of continuances based on the complexity or unusual nature of a case to include delays in preparation of all phases of a case, including pretrial motion preparation. Subsec. (h)(8)(B)(iii). Pub. L. 96-43, §5(b), inserted provision authorizing a continuance where the delay in filing the indictment is caused by the arrest taking place at such time that the return and filing of the indictment can not reasonably be expected within the period specified in section 3161(b) of this title.Subsec. (h)(8)(B)(iv). Pub. L. 96-43, §5(c), added cl. (iv).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEWords "magistrate judge" substituted for "magistrate" in subsec. (c)(1) pursuant to section 321 of Pub. L. 101-650 set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98-473 set out as an Effective Date note under section 3505 of this title.
SHORT TITLE OF 1979 AMENDMENTPub. L. 96-43, §1, Aug. 2, 1979, 93 Stat. 327, provided: "That this Act [amending this section and sections 3163 to 3168, 3170 and 3174 of this title] may be cited as the 'Speedy Trial Act Amendments Act of 1979'."
SHORT TITLEPub. L. 93-619, §1, Jan. 3, 1975, 88 Stat. 2076, provided: "That this Act [enacting this chapter and sections 3153 to 3156 of this title, and amending section 3152 of this title, and section 604 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Speedy Trial Act of 1974'."
- the term "offense" means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a Class B or C misdemeanor or an infraction, or an offense triable by court-martial, military commission, provost court, or other military tribunal).