Page:United States Statutes at Large Volume 98 Part 2.djvu/825

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1985

tion as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release"; and (2) in subsection (2), by striking out "section 3146(e) or section 3147" and inserting in lieu thereof "section 3145". (c) Section 3156(a) of title 18, United States Code, is amended— (1) by striking out "3146" and inserting in lieu thereof "3141"; (2) in paragraph (1)— (A) by striking out "bail or otherwise" and inserting in lieu thereof "detain or"; and (B) by deleting "and" at the end thereof; (3) in paragraph (2), by striking out the period at the end and inserting in lieu thereof "; and"; (4) by adding after paragraph (2) the following new paragraphs: "(3) The term 'felony' means an offense punishable by a maximum term of imprisonment of more than one year; and "(4) The term 'crime of violence' means— "(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another; or "(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."; and (5) in subsection (b)(1), by striking out "bail or otherwise" and inserting in lieu thereof "detain or'. (d) The item relating to chapter 207 in the analysis of part II of title 18, United States Code, is amended to read as follows: "207. Release and detention pending judicial proceedings

,t ^

"

3141".

(e)(1) The caption of chapter 207 is amended to read as follows:

"CHAPTER 207—RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS". (2) The section analysis for chapter 207 is amended by striking out the items relating to sections 3141 through 3151 and inserting in lieu thereof the following: "3141. "3142. "3143. "3144. "3145. "3146. "3147. "3148. "3149. "3150.

Release and detention authority generally. Release or detention of a defendant pending trial. Release or detention of a defendant pending sentence or appeal. Release or detention of a material witness. Review and appeal of a release or detention order. Penalty for failure to appear. Penalty for an offense committed while on release. Sanctions for violation of a release condition. Surrender of an offender by a surety. Applicability to a case removed from a State court.".

SEC. 204. Chapter 203 of title 18, United States Code, is amended as follows: (a) The last sentence of section 3041 is amended by striking out "determining to hold the prisoner for trial" and inserting in lieu thereof "determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial". (b) The second paragraph of section 3042 is amended by striking out "imprisoned or admitted to bail" and inserting in lieu thereof

>

-v

nafvf ' *'