§ 3288. — Indictments and information dismissed after period of limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3288]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 213--LIMITATIONS
Sec. 3288. Indictments and information dismissed after period of
limitations
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.
(June 25, 1948, ch. 645, 62 Stat. 828; Pub. L. 88-139, Sec. 2, Oct. 16,
1963, 77 Stat. 248; Pub. L. 88-520, Sec. 1, Aug. 30, 1964, 78 Stat. 699;
Pub. L. 100-690, title VII, Sec. 7081(a), Nov. 18, 1988, 102 Stat.
4407.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 556a, 587, 589 (Apr. 30,
1934, ch. 170, Sec. 1, 48 Stat. 648; May 10, 1934, ch. 278, Secs. 1, 3,
48 Stat. 772; July 10, 1940, ch. 567, 54 Stat. 747).
This section is a consolidation of sections 556a, 587, and 589 of
title 18, U.S.C., 1940 ed., without change of substance. (See reviser's
note under section 3289 of this title.)
Amendments
1988--Pub. L. 100-690, in section catchline, substituted
``Indictments and information dismissed after period of limitations''
for ``Indictment where defect found after period of limitations'', and
in text, substituted ``Whenever an indictment or information charging a
felony is dismissed for any reason'' for ``Whenever an indictment is
dismissed for any error, defect, or irregularity with respect to the
grand jury, or an indictment or information filed after the defendant
waives in open court prosecution by indictment is found otherwise
defective or insufficient for any cause,'', inserted ``, or, in the
event of an appeal, within 60 days of the date the dismissal of the
indictment or information becomes final'' after ``dismissal of the
indictment or information'', and inserted provisions which prohibited
filing of new indictment or information where reason for dismissal was
failure to file within period prescribed or some other reason that would
bar a new prosecution.
1964--Pub. L. 88-520 substituted ``Indictment'' for ``Reindictment''
in section catchline, included indictments or informations filed after
the defendant waives in open court prosecution by indictment which are
dismissed for any error, defect, or irregularity, or are otherwise found
defective or insufficient, and substituted provisions authorizing the
return of a new indictment in the appropriate jurisdiction within six
calendar months of the date of the dismissal of the indictment or
information, or, if no regular grand jury is in session when the
indictment or information is dismissed, within six calendar months of
the date when the next grand jury is convened, for provisions which
authorized the return of a new indictment not later than the end of the
next succeeding regular session of the court, following the session at
which the indictment was found defective or insufficient, during which a
grand jury shall be in session.
1963--Pub. L. 88-139 substituted ``session'' for ``term'' wherever
appearing.
