§ 3060. — Preliminary examination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3060]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 203--ARREST AND COMMITMENT
Sec. 3060. Preliminary examination
(a) Except as otherwise provided by this section, a preliminary
examination shall be held within the time set by the judge or magistrate
judge pursuant to subsection (b) of this section, to determine whether
there is probable cause to believe that an offense has been committed
and that the arrested person has committed it.
(b) The date for the preliminary examination shall be fixed by the
judge or magistrate judge at the initial appearance of the arrested
person. Except as provided by subsection (c) of this section, or unless
the arrested person waives the preliminary examination, such examination
shall be held within a reasonable time following initial appearance, but
in any event not later than--
(1) the tenth day following the date of the initial appearance
of the arrested person before such officer if the arrested person is
held in custody without any provision for release, or is held in
custody for failure to meet the conditions of release imposed, or is
released from custody only during specified hours of the day; or
(2) the twentieth day following the date of the initial
appearance if the arrested person is released from custody under any
condition other than a condition described in paragraph (1) of this
subsection.
(c) With the consent of the arrested person, the date fixed by the
judge or magistrate judge for the preliminary examination may be a date
later than that prescribed by subsection (b), or may be continued one or
more times to a date subsequent to the date initially fixed therefor. In
the absence of such consent of the accused, the date fixed for the
preliminary hearing may be a date later than that prescribed by
subsection (b), or may be continued to a date subsequent to the date
initially fixed therefor, only upon the order of a judge of the
appropriate United States district court after a finding that
extraordinary circumstances exist, and that the delay of the preliminary
hearing is indispensable to the interests of justice.
(d) Except as provided by subsection (e) of this section, an
arrested person who has not been accorded the preliminary examination
required by subsection (a) within the period of time fixed by the judge
or magistrate judge in compliance with subsections (b) and (c), shall be
discharged from custody or from the requirement of bail or any other
condition of release, without prejudice, however, to the institution of
further criminal proceedings against him upon the charge upon which he
was arrested.
(e) No preliminary examination in compliance with subsection (a) of
this section shall be required to be accorded an arrested person, nor
shall such arrested person be discharged from custody or from the
requirement of bail or any other condition of release pursuant to
subsection (d), if at any time subsequent to the initial appearance of
such person before a judge or magistrate judge and prior to the date
fixed for the preliminary examination pursuant to subsections (b) and
(c) an indictment is returned or, in appropriate cases, an information
is filed against such person in a court of the United States.
(f) Proceedings before United States magistrate judges under this
section shall be taken down by a court reporter or recorded by suitable
sound recording equipment. A copy of the record of such proceeding shall
be made available at the expense of the United States to a person who
makes affidavit that he is unable to pay or give security therefor, and
the expense of such copy shall be paid by the Director of the
Administrative Office of the United States Courts.
(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90-578, title III,
Sec. 303(a), Oct. 17, 1968, 82 Stat. 1117; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Amendments
1968--Pub. L. 90-578 substituted provisions of subsecs. (a) to (f)
of this section detailing preliminary examination content for prior
provisions which directed attention to the rule in section catchline,
and directed one to see Federal Rules of Criminal Procedure, including
``Proceedings before commissioner, appearance, advice as to right to
counsel, hearing, Rule 5.''.
Change of Name
Words ``magistrate judge'' and ``United States magistrate judges''
substituted for ``magistrate'' and ``United States magistrates'',
respectively, wherever appearing 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.
