§ 3041. — Power of courts and magistrates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3041]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 203--ARREST AND COMMITMENT
Sec. 3041. Power of courts and magistrates
For any offense against the United States, the offender may, by any
justice or judge of the United States, or by any United States
magistrate judge, or by any chancellor, judge of a supreme or superior
court, chief or first judge of the common pleas, mayor of a city,
justice of the peace, or other magistrate, of any state where the
offender may be found, and at the expense of the United States, be
arrested and imprisoned or released as provided in chapter 207 of this
title, as the case may be, for trial before such court of the United
States as by law has cognizance of the offense. Copies of the process
shall be returned as speedily as may be into the office of the clerk of
such court, together with the recognizances of the witnesses for their
appearances to testify in the case.
A United States judge or magistrate judge shall proceed under this
section according to rules promulgated by the Supreme Court of the
United States. Any state judge or magistrate acting hereunder may
proceed according to the usual mode of procedure of his state but his
acts and orders shall have no effect beyond determining, pursuant to the
provisions of section 3142 of this title, whether to detain or
conditionally release the prisoner prior to trial or to discharge him
from arrest.
(June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89-465, Sec. 5(a), June
22, 1966, 80 Stat. 217; Pub. L. 90-578, title III, Sec. 301(a)(1), (3),
Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98-473, title II, Sec. 204(a),
Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101-650, title III, Sec. 321, Dec.
1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 591 (R.S. Sec. 1014; May
28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31
Stat. 956).
This section was completely rewritten to omit all provisions
superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and
54(a) which prescribed the procedure for preliminary proceedings and
examinations before United States judges and commissioners and for
removal proceedings but not for preliminary examinations before State
magistrates.
Amendments
1984--Pub. L. 98-473 substituted ``determining, pursuant to the
provisions of section 3142 of this title, whether to detain or
conditionally release the prisoner prior to trial'' for ``determining to
hold the prisoner for trial''.
1968--Pub. L. 90-578 substituted ``United States magistrate'' and
``magistrate'' for ``United States commissioner'' and ``commissioner'',
respectively.
1966--Pub. L. 89-465 substituted ``or released as provided in
chapter 207 of this title'' for ``or bailed''.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' 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.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-465 effective ninety days after June 22,
1966, see section 6 of Pub. L. 89-465, set out as an Effective Date note
under section 3146 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3042, 3141, 3152, 3156 of
this title; title 16 section 916g; title 26 section 5557.
