Page:United States Statutes at Large Volume 93.djvu/359

 PUBLIC LAW 96-43—AUG. 2, 1979 Public Law 96-48 96th Congress

93 STAT. 327

An Act

To amend the Speedy Trial Act of 1974.

Aug. 2, 1979 [S. 961]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Speedy Trial Act Amendments of cited as the "Speedy Trial Act Amendments Act of 1979". 1979. SEC. 2. Section 3161(c) of title 18, United States Code, is amended to 18 USC 3161 note. read as follows: "(c)(1) In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs. If a defendant consents in writing to be tried before a magistrate on a complaint, the trial shall commence within seventy days from the date of such consent. "(2) Unless the defendant consents in writing to the contrary, the trial shall not commence less than thirty days from the date on which the defendant first appears through counsel or expressly waives counsel and elects to proceed pro se.". SEC. 3. (a) Section 3161(d) of that title is amended— 18 USC 3161. (1) by inserting "(1)" immediately after "(d)"; and (2) by adding at the end the following new paragraph: "(2) If the defendant is to be tried upon an indictment or information dismissed by a trial court and reinstated following an appeal, the trial shall commence within seventy days from the date the action occasioning the trial becomes final, except that the court retrying the case may extend the period for trial not to exceed one hundred and eighty days from the date the action occasioning the trial becomes final if the unavailability of witnesses or other factors resulting from the passage of time shall make trial within seventy days impractical. The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.". 18 USC 3162. (b) Section 3161(e) of that title is amended— (1) by striking out "sixty" wherever it appears and inserting in lieu thereof "seventy"; and (2) by adding at the end the following: "The periods of delay enumerated in section 3161(h) are excluded in computing the time limitations specified in this section. The sanctions of section 3162 apply to this subsection.". SEC. 4. Section 3161(h)(1) of that title is amended to read as follows: 18 USC 3161. "(1) Any period of delay resulting from other proceedings concerning the defendant, including but not limited to— "(A) delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant;

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