Page:United States Statutes at Large Volume 93.djvu/360

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 328

18 USC app.

18 USC 3161.

18 USC 3163. Post, p. 331; 18 USC 3162.

PUBLIC LAW 96-43—AUG. 2, 1979 "(B) delay resulting from any proceeding, including any examination of the defendant, pursuant to section 2902 of title 28, United States Code; "(C) delay resulting from deferral of prosecution pursuant to section 2902 of title 28, United States Code; "(D) delay resulting from trial with respect to other charges against the defendant;

  • '(E) delay resulting from any interlocutory appeal;

"(F) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion; "(G) delay resulting from any proceeding relating to the transfer of a case or the removal of any defendant from another district under the Federal Rules of Criminal Procedure; "(H) delay resulting from transportation of any defendant from another district, or to and from places of examination or hospitalization, except that any time consumed in excess of ten days from the date an order of removal or an order directing such transportation, and the defendant's arrival at the destination shall be presumed to be unreasonable; "(I) delay resulting from consideration by the court of a proposed plea agreement to be entered into by the defendant and the attorney for the Government; and "(J) delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court.". SEC. 5. (a) Section 3161(h)(8)(B)(ii) of that title is amended to read as follows: "(ii) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by this section.". (b) Section 3161(h)(8)(B)(iii) of that title is amended to read as follows: "(iii) Whether, in a case in which arrest precedes indictment, delay in the filing of the indictment is caused because the arrest occurs at a time such that it is unreasonable to expect return and filing of the indictment within the period specified in section 3161(b), or because the facts upon which the grand jury must base its determination are unusual or complex.". (c) Section 3161(h)(8)(B) of that title is further amended by adding at the end the following new clause: "(iv) Whether the failure to grant such a continuance in a case which, taken as a whole, is not so unusual or so complex as to fall within clause (ii), would deny the defendant reasonable time to obtain counsel, would unreasonably deny the defendant or the Government continuity of counsel, or would deny counsel for the defendant or the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.". SEC. 6. Section 3163(c) of that title is amended to read as follows: "(c) Subject to the provisions of section 3174(c), section 3162 of this chapter shall become effective and apply to all cases commenced by