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§ 3141. —  Release and detention authority generally.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3141]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
     CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
 
Sec. 3141. Release and detention authority generally

    (a) Pending Trial.--A judicial officer authorized to order the 
arrest of a person under section 3041 of this title before whom an 
arrested person is brought shall order that such person be released or 
detained, pending judicial proceedings, under this chapter.
    (b) Pending Sentence or Appeal.--A judicial officer of a court of 
original jurisdiction over an offense, or a judicial officer of a 
Federal appellate court, shall order that, pending imposition or 
execution of sentence, or pending appeal of conviction or sentence, a 
person be released or detained under this chapter.

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat. 
1976; amended Pub. L. 99-646, Sec. 55(a), (b), Nov. 10, 1986, 100 Stat. 
3607.)


                            Prior Provisions

    A prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821; 
June 22, 1966, Pub. L. 89-465, Sec. 5(b), 80 Stat. 217, related to 
powers of courts and magistrates with respect to release on bail or 
otherwise, prior to repeal in the revision of this chapter by section 
203(a) of Pub. L. 98-473.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-646, Sec. 55(a), (b), substituted 
``authorized to order the arrest of a person under section 3041 of this 
title before whom an arrested person is brought shall order that such 
person be released'' for ``who is authorized to order the arrest of a 
person pursuant to section 3041 of this title shall order that an 
arrested person who is brought before him be released'' and ``under this 
chapter'' for ``pursuant to the provisions of this chapter''.
    Subsec. (b). Pub. L. 99-646, Sec. 55(a), substituted ``under this 
chapter'' for ``pursuant to the provisions of this chapter''.


                    Effective Date of 1986 Amendment

    Section 55(j) of Pub. L. 99-646 provided that: ``The amendments made 
by this section [amending this section and sections 3142 to 3144, 3146 
to 3148, and 3156 of this title] shall take effect 30 days after the 
date of enactment of this Act [Nov. 10, 1986].''


                      Short Title of 1990 Amendment

    Pub. L. 101-647, title IX, Sec. 901, Nov. 29, 1990, 104 Stat. 4826, 
provided that: ``This title [amending sections 3143 and 3145 of this 
title] may be cited as the `Mandatory Detention for Offenders Convicted 
of Serious Crimes Act'.''


                      Short Title of 1984 Amendment

    Section 202 of chapter I (Secs. 202-210) of title II of Pub. L. 98-
473 provided that: ``This chapter [enacting sections 3062 and 3141 to 
3150 of this title, amending sections 3041, 3042, 3154, 3156, 3731, 
3772, and 4282 of this title and section 636 of Title 28, Judiciary and 
Judicial Procedure, repealing sections 3043 and 3141 to 3151 of this 
title, and amending rules 5, 15, 40, 46, and 54 of the Federal Rules of 
Criminal Procedure, set out in the Appendix to this title, and rule 9 of 
the Federal Rules of Appellate Procedure, set out in the Appendix to 
Title 28] may be cited as the `Bail Reform Act of 1984'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-267, Sec. 1, Sept. 27, 1982, 96 Stat. 1136, provided: 
``That this Act [amending sections 3152 to 3155 of this title and 
section 604 of Title 28, Judiciary and Judicial Procedure, and enacting 
provisions set out as notes under sections 3141 and 3152 of this title] 
may be cited as the `Pretrial Services Act of 1982'.''


                               Short Title

    Section 1 of Pub. L. 89-465 provided: ``That this Act [enacting 
sections 3146 to 3152 of this title, amending sections 3041, 3141 to 
3143, and 3568 of this title, and enacting provisions set out as a note 
below] may be cited as the `Bail Reform Act of 1966'.''


                   Purpose of Bail Reform Act of 1966

    Section 2 of Pub. L. 89-465 provided that: ``The purpose of this Act 
[enacting sections 3146 to 3152 of this title, amending sections 3041, 
3141 to 3143, and 3568 of this title and enacting provisions set out as 
a note above] is to revise the practices relating to bail to assure that 
all persons, regardless of their financial status, shall not needlessly 
be detained pending their appearance to answer charges, to testify, or 
pending appeal, when detention serves neither the ends of justice nor 
the public interest.''

                  Section Referred to in Other Sections

    This section is referred to in section 3156 of this title.



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