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Speedy Trial Act Amendments Act of 1979

(Measure passed House, amended, roll call #406 (416-1))

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.

Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.

Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether the complexity or unusual nature of the case is such that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the required time limits (currently, only the trial itself is covered); (2) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (3) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Extends from July 1, 1979, to July 1, 1980, the effective date of the sanctions provided for by such Act.

Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).

Requires each district court to prepare and submit by June 30, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.

Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1979, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.

Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.

Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without the consent of Congress by Act of Congress. Excepts from such limitation any judicial district in which the prior suspension is in effect on the date of enactment of this Act.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.

Public Law 96-43.

Sen. Kennedy, Edward M. [D-MA](D-MA)Sponsor
3 cosponsors2 D1 R
3cosponsors2committees25actions1related bills18subjects
  1. PresidentE40000

    Public Law 96-43.

  2. BecameLaw36000

    Public Law 96-43.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Measure presented to President.

  6. President28000

    Measure presented to President.

  7. President

    Measure enrolled in Senate.

  8. PresidentE05000

    Measure enrolled in House.

  9. ResolvingDifferences

    Senate agreed to House amendments.

  10. NotUsed20500

    Resolving differences -- Senate actions: Senate agreed to House amendments.

  11. FloorH37100

    Measure passed House, amended, roll call #406 (416-1).

  12. Floor8000

    Passed/agreed to in House: Measure passed House, amended, roll call #406 (416-1).

  13. FloorH30000

    Measure considered in House.

  14. FloorH30000

    Measure called up under motion to suspend rules and pass in House.

  15. CommitteeH12200

    Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-390.

    Judiciary Committee
  16. Committee5000

    Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-390.

    Judiciary Committee
  17. IntroReferralH11100

    Referred to House Committee on the Judiciary.

    Judiciary Committee
  18. Floor

    Measure passed Senate, amended.

  19. Floor17000

    Passed/agreed to in Senate: Measure passed Senate, amended.

  20. Floor

    Measure considered in Senate.

  21. Floor

    Call of calendar in Senate.

  22. Committee

    Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-212.

    Judiciary Committee
  23. Committee14000

    Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-212.

    Judiciary Committee
  24. IntroReferral

    Referred to Senate Committee on the Judiciary.

    Judiciary Committee
  25. IntroReferral10000

    Introduced in Senate

Jul 31, 197936
(Measure passed House, amended, roll call #406 (416-1))

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.

Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.

Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether the complexity or unusual nature of the case is such that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the required time limits (currently, only the trial itself is covered); (2) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (3) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Extends from July 1, 1979, to July 1, 1980, the effective date of the sanctions provided for by such Act.

Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).

Requires each district court to prepare and submit by June 30, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.

Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1979, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.

Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.

Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without the consent of Congress by Act of Congress. Excepts from such limitation any judicial district in which the prior suspension is in effect on the date of enactment of this Act.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.

Jul 26, 197917
(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-390)

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.

Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.

Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether the complexity or unusual nature of the case is such that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the required time limits (currently, only the trial itself is covered); (2) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (3) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Extends from July 1, 1979, to July 1, 1980, the effective date of the sanctions provided for by such Act.

Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).

Requires each district court to prepare and submit by June 30, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.

Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1979, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.

Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.

Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without the consent of Congress by Act of Congress. Excepts from such limitation any judicial district in which the prior suspension is in effect on the date of enactment of this Act.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.

Jun 19, 197935
(Measure passed Senate, amended)

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.

Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.

Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (2) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Extends from July 1, 1979, to July 1, 1981, the effective date of the sanctions provided for by such Act.

Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).

Requires each district court to prepare and submit by July 1, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.

Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1980, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.

Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.

Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without a reporting to the Judicial Conference of the United States which may seek congressional consent for such suspension. Allows the Conference to grant the suspension up to one year if Congress fails to act on any request within six months.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.

Jun 13, 197901
(Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 96-212)

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.

Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.

Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (2) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Extends from July 1, 1979, to July 1, 1981, the effective date of the sanctions provided for by such Act.

Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).

Requires each district court to prepare and submit by July 1, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.

Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1980, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.

Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.

Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without a reporting to the Judicial Conference of the United States which may seek congressional consent for such suspension. Allows the Conference to grant the suspension up to one year if Congress fails to act on any request within six months.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.

Apr 10, 197900

Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to increase from 30 to 60 days the period in which an information or indictment must be filed from the date on which the individual was arrested or summoned with respect to a Federal offense.

Modifies the current provisions requiring: (1) the arraignment of a defendant within ten days of the filing of the information or indictment; and (2) commencement of trial within 60 days of arraignment, to require commencement of trial not less than 30 nor more than 120 days from the filing of the information or indictment (or less than 30 days with the consent of the defendant).

Applies the current time limits with respect to the retrial of a defendant following an appeal or collateral attack, to a trial upon an indictment or information dismissed by a trial court and reinstated following appeal.

Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) proceedings to determine the mental competency or physical capacity of the defendant: (2) election, examination, and determination of the defendant's eligibility for treatment under the Narcotic Addiction Rehabilitation Act (NARA); and (3) preparation and service of, and hearings on, pretrial motions and responses.

Carries forward the current interim provision otherwise due to expire on July 1, 1979, which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. Applies the delay provisions to this expedited trial limit.

Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council of the circuit for a suspension (as currently provided) within ten days of the initial suspension.