§ 5033. — Custody prior to appearance before magistrate judge.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC5033]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
CHAPTER 403--JUVENILE DELINQUENCY
Sec. 5033. Custody prior to appearance before magistrate judge
Whenever a juvenile is taken into custody for an alleged act of
juvenile delinquency, the arresting officer shall immediately advise
such juvenile of his legal rights, in language comprehensive to a
juvenile, and shall immediately notify the Attorney General and the
juvenile's parents, guardian, or custodian of such custody. The
arresting officer shall also notify the parents, guardian, or custodian
of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In
no event shall the juvenile be detained for longer than a reasonable
period of time before being brought before a magistrate judge.
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93-415, title V,
Sec. 503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 922, 923 (June 16, 1938,
ch. 486, Secs. 2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence
of said section 922, of title 18, U.S.C., 1940 ed., with such changes of
phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten
to make clear the legislative intent that a juvenile delinquency
proceeding shall result in the adjudication of a status rather than the
conviction of a crime.
The other provisions of said section 922 are incorporated in section
5032 of this title.
Codification
Another section 503 of title V of Pub. L. 93-415, as added by Pub.
L. 107-273, div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116 Stat.
1894, is classified to section 5782 of Title 42, The Public Health and
Welfare.
Another section 503 of title V of Pub. L. 93-415, as added by Pub.
L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, was classified to
section 5782 of Title 42, The Public Health and Welfare, prior to the
general amendment of that title V by Pub. L. 107-273.
Amendments
1974--Pub. L. 93-415 amended section generally, substituting
``Custody prior to appearance before magistrate'', for ``Jurisdiction;
written consent; jury trial precluded'' in section catchline, and
substituting provisions relating to advice of rights by arresting
officer, notification of Attorney General, parents, guardian or
custodian, and appearance before magistrate, for provisions relating to
jurisdiction of district courts, jury, consent by juvenile, and apprisal
of rights by Judge of District Court.
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' in
catchline and wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
