82 STAT. 1 62 Stat. 819. PRELIMINARY EXAMINATION SEC. 303. (a) Section 3060, title 18, United States Code, is amended to read as follows: "§ 3060. Preliminary examination "(a) Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate pursuant to subsection (b) of this section, to determine whether there is probable cause to believe that an offense has been committed and that the arrested person has committed it. "(b) The date for the preliminary examination shall be fixed by the judge or magistrate at the initial appearance of the arrested person. Except as provided by subsection (c) of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than— "(1) the tenth day following the date of the initial appearance of the arrested person before such officer if the arrested person is held in custody without any provision for release, or is held in custody for failure to meet the conditions of release imposed, or is released from custody only during specified hours of the day; or (2) the twentieth day following the date of the initial appearance if the arrested person is released from custody under any condition other than a condition described in paragraph (1) of this subsection. "(c) With the consent of the arrested person, the date fixed by the judge or magistrate for the preliminary examination may be a date later than that prescribed by subsection (b), or may be continued one or more times to a date subsequent to the date initially fixed therefor. In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice. "(d) Except as provided by subsection (e) of this section, an arrested person who has not been accorded the preliminary examination required by subsection (a) within the period of time fixed by the judge or magistrate in compliance with subsections (b) and (c), shall be discharged from custody or from the requirement of bail or any other condition of release, without prejudice, however, to the institution of further criminal proceedings against him upon the charge upon which he was arrested. "(e) No preliminary examination in compliance with subsection (a) of this section shall be required to be accorded an arrested person, nor shall such arrested person be discharged from custody or from the requirement of bail or any other condition of release pursuant to subsection (d), if at any time subsequent to the initial appearance of such person before a judge or magistrate and prior to the date fixed for the preliminary examination pursuant to subsections (b) and (c) an indictment is returned or, in appropriate cases, an information is filed against such person in a court of the United States. "(f) Proceedings before United States magistrates under this section recording equipment. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts." (b) The item relating to section 3060 contained in the section analysis of chapter 203, title 18, United States Code, is amended to read as follows: "3060. Preliminary examination." TITLE IV-TRANSITIONAL PROVISIONS APPOINTMENT OF MAGISTRATES SEC. 401. (a) No individual may serve as a United States commissioner within any judicial district after the date on which a United States magistrate assumes office in such judicial district. 82 STAT. 1118 (b) An individual serving as a United States commissioner within any judicial district on the date of enactment of this Act who is a member in good standing of the bar of the highest court of any State may be appointed to the office of United States magistrate for an initial term, and may be reappointed to such office for successive terms, notwithstanding his failure to meet the bar membership qualification imposed by section 631 (b)(1) of chapter 43, title 28, United States Code: Provided, however, That any appointment or reappointment of Ante, p. 1108. such an individual must be by unanimous vote of all the judges of the appointing district court or courts. APPLICABLE LAW SEC. 402. (a) All provisions of law relating to the powers, duties, jurisdiction, functions, service, compensation, and facilities of United States commissioners, as such provisions existed on the day preceding the date of enactment of this Act, shall continue in effect in each judicial district until but not on or after (1) the date on which the first United States magistrate assumes office within such judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or (2) the third anniversary of the date of enactment of this Act, whichever date is earlier. (b) On and after the date on which the first United States magistrate assumes office within any judicial district pursuant to section 631 of chapter 43, title 28, United States Code, as amended by this Act, or the third anniversary of the date of enactment of this Act, whichever date is earlier (1) the provisions of chapter 43, title 28, United States Code, as amended by this Act, shall be effective within such judicial district except as otherwise specifically provided by section 401 (b) of this title; and (2) within such judicial district every reference to a United States commissioner contained in any previously enacted statute of the United States (other than sections 8331 (1) (E), 8332(i), 8701 (a) (7), and 8901 (1) (G) of title 5), any previously promul- 80 Stat. 565. gated rule of any court of the United States, or any previously promulgated regulation of any executive department or agency 82 STAT. 1119 Ante, p. 1108. States magistrate duly appointed under section 631 of chapter 43, title 28, United States Code, as amended by this Act. (c) The administrative powers and duties of the Director of the Administrative Office of the United States Courts with respect to United States commissioners under the provisions of chapter 41, title 62 Stat. 913. 28, United States Code, as such provisions existed on the day preceding the date of enactment of this Act, shall continue in effect until no United States commissioner remains in service. 28 USC 601 et seq. EFFECTIVE DATE SEC. 403. Except as otherwise provided by sections 401 and 402 of this title, this Act shall take effect on the date of its enactment. TITLE V-SEVERABILITY SEC. 501. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of its application to other persons and circumstances shall not be affected. Approved October 17, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 1629 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 113 (1967): June 29, considered and passed Senate. Vol. 114 (1968): Sept. 18, 26 considered and passed House, amended. 90th Congress, H. R. 1411 An Act To amend title 39, United States Code, with respect to use of the mails to obtain money or property under false representations, and for other purposes. 82 STAT, 1153 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4005 74 Stat. 654. of title 39, United States Code, is amended to read as follows: "84005. False representations; lotteries "(a) Upon evidence satisfactory to the Postmaster General that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postmaster General may issue an order which "(1) directs any postmaster at an office at which registered or certified letters or other letters or mail arrive, addressed to such a person or to his representative, to return such letters or mail to the sender appropriately marked as in violation of this section, if such person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey such letters or mail before the postmaster returns such letters or mail to the sender; and "(2) forbids the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitters of the sum named in the money order or postal note. "(b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postmaster General is not precluded from ascertaining the existence of the agency in any other legal way satisfactory to him. "(c) As used in this section and section 4006 of this title the term representative' includes an agent or representative acting as an "Representative." individual or as a firm, bank, corporation, or association of any kind.". SEC. 2. The table of contents of chapter 51 of title 39, United States Code, is amended by striking out— "4005. Fraudulent and lottery mail matter." and inserting in lieu thereof "4005. False representations; lotteries.". Approved October 17, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 235 (Comm. on Post Office & Civil Service). Vol. 113 (1967): Oct. 3, 4, considered and passed House. Dec. 11, considered and passed Senate, amended. Vol. 114 (1968): Oct. 4, Senate receded from its amendments. |