§ 1826. — Recalcitrant witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1826]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 119--EVIDENCE; WITNESSES
Sec. 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 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.
(Added Pub. L. 91-452, title III, Sec. 301(a), Oct. 15, 1970, 84 Stat.
932; amended Pub. L. 98-473, title II, Sec. 1013, Oct. 12, 1984, 98
Stat. 2142.)
Amendments
1984--Subsec. (c). Pub. L. 98-473 added subsec. (c).
Section Referred to in Other Sections
This section is referred to in section 1657 of this title; title 18
section 3050.
