18-U.S.C.-3288
§3288 – Indictments and Information Dismissed After Period of Limitations
Pathway
Title 18 > Part II > Chapter 213 > Section 3288
Details
- Reference: Section 3288
- Legend: §3288 – Indictments and Information Dismissed After Period of Limitations
- USCode Year: 2013
Provision Content
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88–139, §2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, §1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, §7081(a), Nov. 18, 1988, 102 Stat. 4407.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§556a, 587, 589 (Apr. 30, 1934, ch. 170, §1, 48 Stat. 648; May 10, 1934, ch. 278, §§1, 3, 48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747).
This section is a consolidation of sections 556a, 587, and 589 of title 18, U.S.C., 1940 ed., without change of substance. (See revisers note under section 3289 of this title.)
Amendments
1988—Pub. L. 100–690, in section catchline, substituted Indictments and information dismissed after period of limitations for Indictment where defect found after period of limitations, and in text, substituted Whenever an indictment or information charging a felony is dismissed for any reason for Whenever an indictment is dismissed for any error, defect, or irregularity with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause,, inserted , or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final after dismissal of the indictment or information, and inserted provisions which prohibited filing of new indictment or information where reason for dismissal was failure to file within period prescribed or some other reason that would bar a new prosecution.
1964—Pub. L. 88–520 substituted Indictment for Reindictment in section catchline, included indictments or informations filed after the defendant waives in open court prosecution by indictment which are dismissed for any error, defect, or irregularity, or are otherwise found defective or insufficient, and substituted provisions authorizing the return of a new indictment in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, if no regular grand jury is in session when the indictment or information is dismissed, within six calendar months of the date when the next grand jury is convened, for provisions which authorized the return of a new indictment not later than the end of the next succeeding regular session of the court, following the session at which the indictment was found defective or insufficient, during which a grand jury shall be in session.
1963—Pub. L. 88–139 substituted session for term wherever appearing.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3242 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3242, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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