Page:United States Statutes at Large Volume 89.djvu/430

 89 STAT. 370

PUBLIC LAW 94-64—JULY 31, 1975

Public Law 94-64 94th Congress An Act July 61, 1975 [H.R. 6799]

Federal Rules of Criminal Procedure Amendments Act of 1975. 18 USC 3771 note. Effective dates. 18 USC 3771 note. 18 USC app.

Warrant or summons upon complaint.

Warrant or summons upon indictment or information.

rp^ approve certain of the proposed amendments to the Federal Eules of Criminal Procedure, to amend certain of them, and to make certain additional amendments to those Rules.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Rules of Criminal Procedure Amendments Act of 1975". SEC. 2. The amendments proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure which are embraced in the order of that Court on April 22, 1974, are approved except as otherwise provided in this Act and shall take effect on December 1, 1975. Except with respect to the amendment to Rule 11, insofar as it adds Rule 11(e)(6), which shall take effect on August 1, 1975, the amendments made by section 3 of this Act shall also take effect on December 1, 1975. SEC. 3. The Federal Rules of Criminal Procedure, as amended by the amendments that were proposed by the United States Supreme Court to the Federal Rules of Criminal Procedure which are embraced by the order of that Court on April 22, 1974, are further amended as follows: (1) Rule 4 is amended by striking out subdivisions (a), (b), and (c), and inserting in lieu thereof the following: " (a) ISSUANCE.—If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a w a r r a n t for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a w a r r a n t shall issue. More than one w a r r a n t or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a w a r r a n t shall issue. " (b) PROBABLE CAUSE.—The finding of probable cause may be based upon hearsay evidence in whole or in part.". (2) Rule 4 is further amended by redesignating subdivision (d) as (c). (3) Rule 4 is further amended by redesignating subdivision (e) as (d), and paragraph (3) of such subdivision is amended to read as follows: " (3) M A N N E R. — The w a r r a n t shall be executed by the arrest of the defendant. The officer need not have the w a r r a n t in his possession at the time of the arrest, but upon request he shall show the w a r r a n t to the defendant as soon as possible. I f the officer does not have the warr a n t in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a w a r r a n t has been issued. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant's last known address.". (4) Rule 9 (a) is amended to read as follows:

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