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18 U.S.C. § 3288 — Indictments and information dismissed after period of limitations

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the. It also states the related conditions, exceptions, definitions, or procedures in the section.

Whenever an indictment or information charging a felony is dismissed for any reason 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, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, 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 must not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

the actual law source: uscode.house.gov ↗public domain

Whenever an indictment or information charging a felony is dismissed for any reason 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, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, 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. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 88–520, § 1, Aug. 30, 1964, 78 Stat. 699; Pub. L. 100–690, title VII, § 7081(a), Nov. 18, 1988, 102 Stat. 4407.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 828
  • 1963Amended · Pub. L. 88-139 · 77 Stat. 248
  • 1964Amended · Pub. L. 88-520 · 78 Stat. 699
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4407

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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