Page:United States Statutes at Large Volume 62 Part 1.djvu/378

 PUBLIC LAWS-OH. 428 -JUNE 9, 1948 "Court." "Patient." "Criminal proceed- ing." Time limitation. Nonappleabillty. ]nra. such lack of power to control his sexual impulses as to be dangerous to other persons because he is likely to attack or otherwise inflict injury, loss, pain, or other evil on the objects of his desire. (2) The term "court" means the District Court of the United States for the District of Columbia, the criminal branch of the municipal court for the District of Columbia, or the juvenile court of the District of Columbia, as the case may be. (3) The term "patient" means a person with respect to whom there has been filed with the clerk of any court a statement in writing setting forth facts tending to show that such person is a sexual psychopath. (4) The term "criminal proceeding" means a proceeding in any court against a person for a criminal offense, and includes all stages of such a proceeding from (A) the time the person is indicted, charged by an information, or charged with an offense in the juvenile court of the District of Columbia, to (B) the entry of judgment, or, if the person is granted probation, the completion of the period of probation. FILING OF STATEMENT SEC. 202. (a) Whenever it shall appear to the United States attorney for the District of Columbia that any person within the District of Columbia, other than a defendant in a criminal proceeding, is a sexual psychopath, such attorney may file with the clerk of the District Court of the United States for the District of Columbia a statement in writing setting forth the facts tending to show that such person is a sexual psychopath. (b) Whenever it shall appear to the United States attorney for the District of Columbia that any defendant in any criminal proceeding prosecuted by such attorney or any of his assistants is a sexual psychopath, such attorney may file with the clerk of the court in which such proceeding is pending a statement in writing setting forth the facts tending to show that such defendant is a sexual psychopath. (c) Whenever it shall appear to any court that any defendant in any criminal proceeding pending in such court is a sexual psychopath, the court may, if it deems such procedure advisable, direct the officer prosecuting the defendant to file with the clerk of such court a state- ment in writing setting forth the facts tending to show that such defendant is a sexual psychopath. (d) Any statement filed in a criminal proceeding pursuant to sub- section (b) or (c) may be filed only (1) before trial, (2) after con- viction or plea of guilty but before sentencing, or (3) after conviction or plea of guilty but before the completion of probation. (e) This section shall not apply to an individual in a criminal pro- ceeding who is charged with rape or assault with intent to rape. RIGHT TO COUNSEL SEC. 203. A patient shall have the right to have the assistance of counsel at every stage of the proceeding under this title. Before the court appoints psychiatrists pursuant to section 204 it shall advise the patient of his right to counsel and shall assign counsel to represent him unless the patient is able to obtain counsel or elects to proceed without counsel. EXAMINATION BY PSYCHIATRISTS SEC. 204. (a) When a statement has been filed with the clerk of any s'w. court pursuant to section 202, such court shall appoint two qualified psychiatrists to make a personal examination of the patient. The patient shall be required to answer questions asked by the psychiatrists atorp.ort, under penalty of contempt of court. Each psychiatrist shall file a 348 [62 STAT.

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