2017 US Code
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

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Citation 18 U.S.C. § 3144 (2017)
Section Name §3144. Release or detention of a material witness
Section Text

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.

Source Credit

(Added Pub. L. 98–473, title II, §203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, §55(e), Nov. 10, 1986, 100 Stat. 3609.)

Editorial Notes 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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within 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
Contains section 3144
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 62 Stat. 821
98 Stat. 1982
100 Stat. 3609
Public Law References Public Law 98-473, Public Law 99-646
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