Pub. L. 100-690, tit. VII, subtit. B, sec. 7081

TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL.

EnactedYear: 1988Length: 390 wordsOfficial source
SEC. 7081. TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL. (a) Indictment Where Defect Found After Period of Limitations.—Section 3288 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “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.”; and (4) so that the section heading reads as follows: “§ 3288. Indictments and information dismissed after period of limitations” (b) Indictment Where Defect Found Before Period of Limitations.—Section 3289 of title 18, United States Code, is amended— (1) by inserting after “within six calendar months of the date of the dismissal of the indictment or information” the following: “or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final”; (2) by striking all beginning with “Whenever” through “for any cause,” and inserting “Whenever an indictment or information charging a felony is dismissed for any reason”; (3) by adding at the end thereof the following: “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.”; and (4) so that the section heading reads as follows: “§ 3289. Indictments and information dismissed before period of limitations”. (c) Clerical Amendment.—The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by striking the items for sections 3288 and 3289 and inserting the following: “3288. Indictments and information dismissed after period of limitations. “3289. Indictments and information dismissed before period of limitations.”.
Pub. L. 100-690, tit. VII, subtit. B, sec. 7081: TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL. | Justis AI