Page:United States Statutes at Large Volume 88 Part 2.djvu/764

 2080

PUBLIC LAW 93-619-JAN. 3, 1975

[88

STAT.

following factore: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice. "(2) If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161(h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). I n determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the ^^'^^"^administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section. "(b) In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (2) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit; (3) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of a continuance; or (4) otherwise willfully fails to proceed to trial without justification consistent with section 3161 of this chapter, the court may punish any such counsel or attorney, as follows: " (A) in the case of an appointed defense counsel, by reducing the amount of compensation that otherwise would have been paid 18 USC 3006A. IQ such couuscl pursuant to section 3006A of this title in an amount not to exceed 25 per centum thereof; " (B) in the case of a counsel retained in connection with the defense of a defendant, by imposing on such counsel a fine of not to exceed 25 per centum of the compensation to which he is entitled in connection with his defense of such defendant; " (C) by imposing on any attorney for the Government a fine of not to exceed $250; " (D) by denying any such counsel or attorney for the Government the right to practice before the court considering such case for a period of not to exceed ninety days; or " (E) by filing a report with an appropriate disciplinary committee. The authority to punish provided for by this subsection shall be in addition to any other authority or power available to such court. "(c) The court shall follow procedures established in the Federal 18 USC app. Rules of Criminal Procedure in punishing any counsel or attorney for the Government pursuant to this section. 18 USC 3163. «§3i63. Effective dates. " (a) The time limitation in section 3161(b) of this chapter— "(1) shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelvecalendar-month period following July 1, 1975; and "(2) shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration.

�