§ 3144. — Release or detention of a material witness.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3144]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3144. Release or detention of a material witness
If it appears from an affidavit filed by a party that the testimony
of a person is material in a criminal proceeding, and if it is shown
that it may become impracticable to secure the presence of the person by
subpoena, a judicial officer may order the arrest of the person and
treat the person in accordance with the provisions of section 3142 of
this title. No material witness may be detained because of inability to
comply with any condition of release if the testimony of such witness
can adequately be secured by deposition, and if further detention is not
necessary to prevent a failure of justice. Release of a material witness
may be delayed for a reasonable period of time until the deposition of
the witness can be taken pursuant to the Federal Rules of Criminal
Procedure.
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98 Stat.
1982; amended Pub. L. 99-646, Sec. 55(e), Nov. 10, 1986, 100 Stat.
3609.)
References in Text
The Federal Rules of Criminal Procedure, referred to in text, are
set out in the Appendix to this title.
Prior Provisions
A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821,
related to cases removed from State courts, prior to repeal in the
revision of this chapter by section 203(a) of Pub. L. 98-473.
Amendments
1986--Pub. L. 99-646 substituted ``subpoena'' for ``subpena'' and
inserted ``of this title''.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
Section Referred to in Other Sections
This section is referred to in section 3156 of this title; title 28
section 1821.
