18-U.S.C.-5033
§5033 – Custody Prior to Appearance Before Magistrate Judge
Pathway
Title 18 > Part IV > Chapter 403 > Section 5033
Details
- Reference: Section 5033
- Legend: §5033 – Custody Prior to Appearance Before Magistrate Judge
- USCode Year: 2013
Provision Content
Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juveniles parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, §503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§922, 923 (June 16, 1938, ch. 486, §§2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
The other provisions of said section 922 are incorporated in section 5032 of this title.
Codification
Another section 503 of title V of Pub. L. 93–415, as added by Pub. L. 107–273, div. C, title II, §12222(a), Nov. 2, 2002, 116 Stat. 1894, is classified to section 5782 of Title 42, The Public Health and Welfare.
Another section 503 of title V of Pub. L. 93–415, as added by Pub. L. 102–586, §5(a), Nov. 4, 1992, 106 Stat. 5027, was classified to section 5782 of Title 42, The Public Health and Welfare, prior to the general amendment of that title V by Pub. L. 107–273.
Amendments
1974—Pub. L. 93–415 amended section generally, substituting Custody prior to appearance before magistrate, for Jurisdiction; written consent; jury trial precluded in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
Change of Name
Words magistrate judge substituted for magistrate in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-4321 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-4321, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
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