Criminal Justice Reform Act

Criminal Justice Reform Act - Title I: Codification, Revision, and Reform of Title 18 Part I: General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act.

Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction.

Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind.

Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as a coconspirator, as an agent for an organization, and as an organization for an agent.

Chapter 5: Bars and Defenses - Bars prosecutions, with specified exceptions, when time limitations have run and when the subject is less than 16 years of age. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication.

States, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendent, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. States further that mental disease or defect does not otherwise constitute a defense.

Defines additional defenses, including duress, exercise of public authority, protection of persons, protection of property, unlawful entrapment, and official misstatement of law.

Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them.

Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, he intentionally engages in conduct that, in fact, amounts to more than mere preparation for, and indicates his intent to complete, the commission of the crime.

Makes a person guilty of criminal solicitation if, with intent that another person engage in conduct constituting a crime, he commands, entreats, induces, or otherwise endeavors to persuade such other person to engage in such conduct.

Makes a persons guilty of criminal conspiracy if he agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and he or one of such persons in fact engages in any conduct with intent to effect any objective of the agreement.

Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, instigating overthrow or destruction of the government, and engaging in para-military activity.

States, regarding the offense of instigating overthrow or destruction of the government, that a person is guilty of such offense if, with intent to bring about the forcible overthrow or destruction of the government of the United States or of any State as speedily as circumstances permit, he: (1) incites other persons to engage in conduct that then or at some future time would facilitate the forcible overthrow or destruction of such government; or (2) organizes, leads, recruits members for, or participates as an active member in an organization or group that has as a purpose the incitement described in paragraph (1).

Defines sabotage and related offenses, including impairing military effectiveness; violating an emergency regulation; impairing military effectiveness by a false statement; evading military or alternative civilian service; obstructing military recruitment or induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing national defense information, mishandling national defense information, disclosing classified information, unlawfully obtaining classified information, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses.

Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign power, entering or recruiting for a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transaction. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, fraudulently acquiring or improperly using evidence of citizenship, and fraudulently acquiring or improperly using a passport.

Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government functions, including obstructing a government function by fraud, by physical interference, and by impersonating an official. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, retaliating against a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding.

Makes a person guilty of the offense of tampering with a witness or an informant if he uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning him to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) absent himself from an official proceeding to which he has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense.

Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order.

Makes a person guilty of criminal contempt if he: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction.

Defines perjury, false swearing, making a false statement, and tampering with a government record. Defines offenses involving official corruption and intimidation, including bribery, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant.

Makes a person guilty of the offense of trading in special influence if he: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to his taking an official action or his performing a legal duty as a public servant.

Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. States, regarding the offense of tax evasion, that a person is guilty of an offense if, with intent to evade liability for a tax or the payment of a tax, he: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; (5) otherwise acts in any manner to evade liability for, or payment of, the tax.

Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property.

Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; or (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because of his having exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States.

Makes a person guilty of an offense if, by force or threat of force, he intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings.

Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a federal public servant or in a Federal building; or making a political contribution as a foreign national.

States, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, he: (1) engages in conduct constituting a crime under any section of this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution.

Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. States, regarding the offense of eavesdropping, that a person is guilty of an offense if he intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1).

Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if: (1) he engages in conduct that knowingly causes the death of another person; (2) he engages in conduct that causes the death of another person under circumstances in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that he commits either alone or with one or more other participants, he or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense.

Makes a person guilty of the offense of manslaughter if: (1) he engages in conduct that causes the death of another person; or (2) he engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder.

Makes a person guilty of negligent homicide if he engages in conduct that negligently causes the death of another person.

Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. States, regarding the offense of rape, that a person is guilty of an offense if he engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old.

Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses; (2) burglary and other criminal intrusion offenses; (3) robbery, extortion, and blackmail; (4) theft and related offenses; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses.

Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. States that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate.

States, regarding the offense of disseminating obscene material, that a person is guilty of an offense if he: (1) disseminates obscene material: (A) to a minor; or (B) to any person in a manner affording no immediately effective opportunity to avoid exposure to such material; or (2) commercially disseminates obscene material to any person.

Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, he: (1) engages in violent, tumultuous, or threatening conduct; (2) makes or causes unreasonable noise; (3) uses abusive or obscene language, or engages in obscene conduct, in a public place; (4) obstructs vehicular or pedestrian traffic, or the use of a public facility; (5) persistently follows a person in or about a public place or places; (6) solicits a sexual act, as defined in this Act, in a public place; or (7) engages for no legitimate purpose in any other conduct that creates a hazardous or physically offensive condition.

Part III: Sentences - Chapter 20: General Provisions - Provides that an individual found guilty of an offense shall be sentenced to probation, a fine, a term of imprisonment, or death, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists.

Permits the courts to require those convicted of offenses involving fraud or other deceptive practices to notify the class of persons affected by the conviction.

Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations.

Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines.

Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses and factors to be considered in imposing terms. Provides that multiple sentences shall run concurrently unless the court specifies consecutive running, based upon a list of considerations.

Chapter 24: Death Sentence - Allows, under qualified circumstances, imposition of the death penalty for the offenses of treason, sabotage, espionage, and for murder committed during an offense of treason, sabotage, espionage, kidnapping, or aircraft hijacking. Lists conditions where the death penalty, otherwise applicable, shall be precluded.

Requires the courts to conduct separate hearings to determine the existence of factors requiring imposition of the death sentence. Requires disclosure to the defendant at such hearings, all information contained in presentence reports.

Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the National Park Service to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information.

Chapter 31: Ancillary Investigative Authority - Allows the interception of a private oral communication when authorized or approved by order of a court of competent jurisdiction, pursuant to this title if: (1) the filing of an application for such an order is authorized by: (A) the Attorney General; or (B) an Assistant Attorney General specifically designated by the Attorney General; (2) the application is filed, pursuant to this title, by a law enforcement officer of a government agency having responsibility for the investigation of the offense concerning which the application is made; and (3) the interception may provide or has provided evidence of the commission of an offense described in specified sections of this title.

Requires an application for an order, or an extension of an order, authorizing or approving the interception of a private oral communication to be made in writing under oath or equivalent affirmation to a court of competent jurisdiction and to include, among other items, the following information: (1) the identity of the law enforcement officer making the application and of the officer authorizing the application; (2) the authority of the applicant to make the application; and (3) a complete statement of the facts relied upon by the applicant to justify his belief that an order should be issued.

Permits, upon an application made pursuant to this title, the court to issue an ex parte order, as requested in the application or as found warranted by the court, authorizing or approving interception of a private oral communication within the geographic jurisdiction of such court if the court determines on the basis of the facts submitted by the applicant that specified conditions exist.

Prescribes what such an order shall contain. Provides that such an order may authorize or approve the interception of a private oral communication for the period necessary to achieve the purposes of the authorization, or for thirty days, whichever is less, subject to extensions under specified conditions.

Allows such interception without such an order in emergency situations, subject to qualified conditions, where application for an order is made within a stated period thereafter.

Provides for protection of tapes of such interceptions from editing or alteration.

Requires that intercepted parties be notified within a stated period.

Sets forth permissible uses of such intercepted communications, including their use at trial.

Bans use as evidence of unlawful interceptions.

Requires an annual report by the Attorney General or State or local prosecuting officers of interception activities within their jurisdictions.

Details the inclusions to be made in such reports.

Disavows any limitation on the President in national security matters.

Provides that if a person refuses, on the basis of his privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court of grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person may not refuse to comply with the order on the basis of his privilege against self-incrimination.

Excludes the testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, from use against the person in a criminal case, with limited exceptions.

Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature.

Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense.

Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form.

Requires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime.

States that extradition may be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title.

Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable.

Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government.

Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States.

Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge.

Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense.

Allows an offense begun in one judicial district and completed in another, or committed in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed.

Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Provides for establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and for establishment of Community Defender Organizations, to consist of nonprofit defense counsels.

Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Provides that persons charged with non-capital offenses shall be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond.

Allows appeal from a denial of release.

Chapter 36: Disposition of Juvenile or Incompetent Offenders - Requires that juveniles arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Provides that a juvenile may be proceeded against only by information, and that no criminal prosecution may be instituted for the offense charged. States that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place him on probation or commit him to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near his home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure.

Provides that subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion may be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature of the proceedings against him or to assist properly in his defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, hospitalization, and for standards of release from hospitalization, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense.

Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress.

Makes voluntary confessions admissible in criminal cases in district and magistrate courts. Details factors in determining voluntariness.

Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences, including the death sentence.

Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Describes their duties. Provides that persons found guilty of drug offenses, with no prior drug convictions, may be placed on probation for one year without the entering of a judgment of conviction.

Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined.

Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishing of family ties and specified employment situations, under which a prisoner can obtain temporary releases.

Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Provides for a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board.

Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows initiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title.

Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering.

Chapter 41: Ancillary Private Civil Remedies - Provides that a person injured in his business or property by reason of a racketeering offense shall have a civil cause of action in district court to recover three times the damages sustained and litigation costs. Provides for civil remedies for persons whose oral communication are illegally intercepted.

Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation.

Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - States that these rules shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.

II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants.

Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. States the conditions under which a preliminary examination shall be held for the finding of probable cause.

III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. States that disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court.

Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court.

Prescribes the use of indictments and information, including their contents and forms.

Describes the conditions under which joinder of offenses and defendants will be permitted.

IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment or information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted.

Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement.

States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion.

Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure.

Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas.

V. Venue - States that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial.

VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties.

Prescribes procedures for jury examination and challenges.

Allocates the burdens of proof or offenses, defenses, affirmative defenses, and of jurisdiction.

Abolishes motions for directed verdict and places motions for judgment of acquittal in their place.

Makes rules for closing arguments, instructions, and verdicts.

VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Provides that a judgment of conviction shall set forth the pleas, the verdict or findings, and the adjudication and sentence. Provides for a presentence report, its contents, and disclosure to the defendant. Sets forth conditions allowing a new trial.

VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken.

IX. Supplementary and Special Proceedings - Sets forth conditions and procedure for removal to another district. States, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted), and for a return.

Prescribes rules for disposition of criminal contempt.

X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title.

Rules of Procedure for the Trial of Minor Offenses Before United States Magistrates - States that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Provides that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure.

Sets forth such rules covering scope, minor offenses other than petty offenses, petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court.

Title II: Technical and Conforming Amendment - Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Congress - title 2; President - title 3; Flag and Seal - title 4; Government Organization and Employees - title 5; Agriculture - title 7; Aliens and Nationality - title 8; Armed Forces - title 10; Bankruptcy - title 11; Banks and Banking - title 12; Census - title 13; Coast Guard - title 14; Commerce and Trade - title 15; Conservation - title 16; Copyrights - title 17; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Hospitals, Asylums, and Cemeteries - title 24; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Labor - title 29; Mineral Lands and Leasing - title 30; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patents - title 35; Patriotic Societies and Observances - title 36; Veteran's Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Railroads - title 45; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Territories and Insular Possessions - title 48; Transportation - title 49; War and National Defense - title 50.

Title III: General Provisions - Authorizes necessary sums to carry out this Act.

Provides that this Act shall take effect on the first day of the first calendar month beginning 12 months after its enactment.