Page:United States Statutes at Large Volume 84 Part 1.djvu/614

 556

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court." (B) The item relating to section 16-702 in the analysis of chapter 7 is amended to read as follows: "16-702. Prosecution by indictment or information."

77 Stat. 558.

Ante, p, 554.

77 Stat. 559.

62 Stat. 838.

(3) Section 16-703 is amended to read as follows: "§ 16-703. Process of Criminal Division; fees " (a) The Criminal Division of the Superior Court may issue process for the arrest of a person against whom an indictment is returned, an information is filed, or a complaint under oath is made. "(b) Process shall— " (l) be under the seal of the court; "(2) bear teste in the name of a judge of the court, and "(3) be signed by a clerk or employee of the court authorized to administer oaths. "(c) In cases arising out of violations of any of the ordinances of the District of Columbia, process shall be directed to the Chief of Police, who shall execute the process and make return thereof in like manner as in other cases. " (d) I n all other criminal cases, the process issued by the Superior Court may be directed to the United States marshal or to the Chief of Police. "(e) For services pursuant to subsection (d) of this section the marshal shall receive the fees prescribed by section 15-709(b)(2)." (4) Section 16-705 is amended to read as follows: "§ 16-705. Jury trial; trial by court " (a) I n a criminal case tried in the Superior Court in which, according to the Constitution of the United States, the defendant is entitled to a jury trial, the trial shall be by jury, unless the defendant in open court expressly waives trial by jury and requests trial by the court, and the court and the prosecuting officer consent thereto. In the case of a trial without a jury, the trial shall be by a single judge, whose verdict shall have the same force and effect as that of a jury. "(b) I n any case where the defendant is not under the Constitution of the United States entitled to a trial by jury, the trial shall be by a single judge without a jury, except that if— "(1) the case involves an offense which is punishable by a fine or penalty of more than $300 or by imprisonment for more than ninety days (or for more than six months in the case of the offense of contempt of court), and " (2) the defendant demands a trial by jury and does not subsequently waive a trial by jury in accordance with subsection (a), the trial shall be by jury. "(c) The jury shall consist of twelve persons, unless the parties, with the approval of the court and in the manner provided by rules of the court, agree to a number less than twelve." (5) Section 16-706 is amended to read as follows: "The Superior Court may enforce any of its judgments rendered in criminal cases by fine or imprisonment, or both. Except as otherwise provided by law, and subject to the relief provided in section 3569 of title 18, United States Code, in any case where the court imposes a
 * '§ 16-706. Enforcement of judgments; commitment upon nonpayment of fine

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