§ 3289. — Indictments and information dismissed before 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: 18USC3289]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 213--LIMITATIONS
Sec. 3289. Indictments and information dismissed before period
of limitations
Whenever an indictment or information charging a felony is dismissed
for any reason before the period prescribed by the applicable statute of
limitations has expired, and such period will expire within six calendar
months of the date of the dismissal of the indictment or information, a
new indictment may be returned in the appropriate jurisdiction within
six calendar months of the expiration of the applicable statute of
limitations, 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 at the
expiration of the applicable statute of limitations, 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. 829; Pub. L. 88-139, Sec. 2, Oct. 16,
1963, 77 Stat. 248; Pub. L. 88-520, Sec. 2, Aug. 30, 1964, 78 Stat. 699;
Pub. L. 100-690, title VII, Sec. 7081(b), Nov. 18, 1988, 102 Stat. 4407;
Pub. L. 101-647, title XII, Sec. 1213, title XXV, Sec. 2595(b), title
XXXV, Sec. 3580, Nov. 29, 1990, 104 Stat. 4833, 4907, 4929; Pub. L. 103-
322, title XXXIII, Sec. 330011(q)(2), Sept. 13, 1994, 108 Stat. 2145.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 556a, 588, 589 (Apr. 30,
1934, ch. 170, Sec. 1, 48 Stat. 648; May 10, 1934, ch. 278, Secs. 2, 3,
48 Stat. 772).
Consolidation of sections 556a, 588, and 589 of title 18, U.S.C.,
1940 ed., without change of substance. The provisions of said section
556a, with reference to time of filing motion, were omitted and numerous
changes of phraseology were necessary to effect consolidation,
particularly in view of rules 6(b) and 12(b)(2), (3), (5) of the Federal
Rules of Criminal Procedure.
Words ``regular or special'' were omitted and ``regular'' inserted
after ``succeeding'' to harmonize with section 3288 of this title.
Amendments
1994--Pub. L. 103-322, Sec. 330011(q)(2), repealed amendment by Pub.
L. 101-647, Sec. 1213. See 1990 Amendment note below.
1990--Pub. L. 101-647, Sec. 3580, inserted a comma after
``information'' the second place it appeared.
Pub. L. 101-647, Sec. 2595(b), struck out ``or, in the event of an
appeal, within 60 days of the date the dismissal of the indictment or
information becomes final,'' after ``the date of the dismissal of the
indictment or information'' and inserted such language after ``within
six calendar months of the expiration of the applicable statute of
limitations,''.
Pub. L. 101-647, Sec. 1213, which directed the striking of ``or, in
the event of an appeal, within 60 days of the date the dismissal of the
indictment or information becomes final,'' and the insertion of such
language after ``within six months of the expiration of the statute of
limitations,'', was repealed by Pub. L. 103-322, Sec. 330011(q)(2). See
above.
1988--Pub. L. 100-690 in section catchline substituted ``Indictments
and information dismissed after period of limitations'' for ``Indictment
where defect found before 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, where
the period of the statute of limitations will expire within six calendar
months of the date of the dismissal, the return of a new indictment
within six calendar months of the expiration of the applicable statute
of limitations, or, if no regular grand jury is in session at the
expiration of the applicable statute of limitations, within six calendar
months of the date when the next regular grand jury is convened, for
provisions which authorized, where the period of the statute of
limitations will expire before the end of the next regular session of
the court to which such indictment was returned, 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.
Effective Date of 1994 Amendment
Section 330011(q)(2) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section 1213
of Pub. L. 101-647 took effect.
