2013 US Code
Title 48 - Territories and Insular Possessions
Chapter 18 - MICRONESIA, MARSHALL ISLANDS, AND PALAU (§§ 1901 - 1973)
Subchapter I - MICRONESIA AND MARSHALL ISLANDS (§§ 1901 - 1921h)
Part A - Approval and Implementation of Original Compact (§§ 1901 - 1912)
Section 1912 - Jurisdiction
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 48 - TERRITORIES AND INSULAR POSSESSIONS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 48 - TERRITORIES AND INSULAR POSSESSIONS CHAPTER 18 - MICRONESIA, MARSHALL ISLANDS, AND PALAU SUBCHAPTER I - MICRONESIA AND MARSHALL ISLANDS Part A - Approval and Implementation of Original Compact Sec. 1912 - Jurisdiction |
Contains | section 1912 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 99-239, title II, §202, Jan. 14, 1986, 99 Stat. 1835; Pub. L. 101-650, title III, §321, Dec. 1, 1990, 104 Stat. 5117. |
Statutes at Large References | 98 Stat. 2027 99 Stat. 1835 104 Stat. 5117 |
Public Law References | Public Law 98-473, Public Law 99-239, Public Law 101-650 |
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(a) With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in the Marshall Islands or the Federated States of Micronesia.
(b)(1) The defense sites of the United States established in the Marshall Islands or the Federated States of Micronesia in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18.
(2) Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State of Hawaii by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
(3) The United States District Court for the District of Hawaii shall have jurisdiction to try all criminal offenses against the United States, including the laws of the State of Hawaii made applicable to the defense sites in the Marshall Islands or the Federated States of Micronesia by virtue of paragraph (2) of this subsection, committed by any person referred to in subsection (a) of this section.
(4) The United States District Court for the District of Hawaii may appoint one or more magistrate judges for the defense sites in the Marshall Islands. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28, provided, however that such Magistrate Judges shall have the power to try persons accused of and sentence persons convicted of petty offenses, as defined in section 1(3),1 title 18, including violations of regulations for the maintenance of peace, order, and health issued by the Commanding Officer on such defense sites, without being subject to the restrictions provided for in section 3401(b), title 18.
(Pub. L. 99–239, title II, §202, Jan. 14, 1986, 99 Stat. 1835; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
REFERENCES IN TEXTThe Compact of Free Association, referred to in subsecs. (a) and (b)(1), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
Section 1 of title 18, referred to in subsec. (b)(4), was repealed by Pub. L. 98–473, title II, §218(a)(1), Oct. 12, 1984, 98 Stat. 2027.
CODIFICATIONSection was formerly set out as a note under section 1681 of this title.
Section was enacted as part of title II of Pub. L. 99–239, and not as part of title I of Pub. L. 99–239 which comprises this part.
CHANGE OF NAMEWords "magistrate judges" and "Magistrate Judges" substituted for "magistrates" and "Magistrates", respectively, wherever appearing in subsec. (b)(4) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
1 See References in Text note below.
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