Page:United States Statutes at Large Volume 78.djvu/741

 78

STAT.]

PUBLIC LAW 88-520-AUG. 30, 1964

699

Public Law 88-519 ^^ ACT August 30, 1964 To jimeud sxibsection (d) of section 1346 of title 28 of the United States Code [H. R. 11520] relating to the jurisdiction of the United States district courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 1346 of title 28 of the United States Code is amended to read as follows: " (d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension." Approved August 30, 1964.

District courts. Jurisdiction.

62 statr 933"

Public Law 88-520 AN ACT To amend sections 3288 and 3289 of title 18, United States Code, relating to reindictment after dismissal of a defective indictment.

August 30, 1964 [H.^^[2191

Be it enacted by the Senate and House of Representatives of the Crimes United States of America in Congress assembled, That section 3288 fenses. and ofof title 18, United States Code, is amended to read as follows: "Reindictment. "§ 3288. Indictment where defect found after period of limita- ^^ tions "Whenever an indictment is dismissed for any error, defect, or i r r e ^ l a r i t y with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause, after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations." SEC. 2. That section 3289 of title 18, United States Code, is amended to read as follows: ^§ 3289. Indictment where defect found before period of limitations "Whenever an indictment is dismissed for any error, defect, or iregularity with respect to the grand jury, or an indictment or information filed after the defendant waives in open court prosecution by indictment is found otherwise defective or insufficient for any cause, before the period prescribed by the applicable statute of limitations has expired, and such period will expire within six calendar months of the date of the dismissal of the indictment or information, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the expiration of the applicable statute of limitations, or, if no regular grand jury is in session in the appropriate jurisdiction at the expiration of the applicable statute of limitations, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations." Approved August 30, 1964.

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