Page:United States Statutes at Large Volume 98 Part 2.djvu/826

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1986

Repeal. 18 USC 3043. 18 USC 3062. Ante, pp. 1976, 1985.

PUBLIC LAW 98-473—OCT. 12, 1984

"detained or conditionally released pursuant to section 3142 of this title". (c) Section 3043 is repealed. (d) The following new section is added after section 3061: "§ 3062. General arrest authority for violation of release conditions "A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is released pursuant to chapter 207 if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section 3142(c)(2)(D), (c)(2)(E), (c)(2)(H), (c)(2)(I), or (c)(2)(M), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142(c)(2)(J)-". (e) The section analysis is amended— (1) by amending the item relating to section 3043 to read as follows: "3043. Repealed."; and

(2) by adding the following new item after the item relating to section 3061: "3062. General arrest authority for violation of release conditions.".

18 USC app.

Ante, pp. 1976, 1985.

SEC. 205. Section 3731 of title 18, United States Code, is amended by adding after the second paragraph the following new paragraph: "An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.". SEC. 206. The second paragraph of section 3772 of title 18, United States Code, is amended by striking out "bail" and inserting in lieu thereof "release pending appeal," SEC. 207. Section 4282 of title 18, United States Code, is amended— (a) by striking out "and not admitted to bail" and substituting "and detained pursuant to chapter 207"; and Qy) by striking out "and unable to make bail". SEC. 208. Section 636 of title 28, United States Code, is amended by striking out "impose conditions of release under section 3146 of title 18" and inserting in lieu thereof "issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial". SEC. 209. The Federal Rules of Criminal Procedure are amended as follows: (a) Rule 5(c) is amended by striking out "shall admit the defendant to bail" and inserting in lieu thereof "shall detain or conditionally release the defendant". (b) The second sentence of rule 15(a) is amended by striking out "committed for failure to give bail to appear to testify at a trial or hearing" and inserting in lieu thereof "detained pursuant to section 3144 of title 18, United States Code". (c) Rule 40(0 is amended to read as follows: "(0 RELEASE OR DETENTION.—If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code, in another district where a warrant, information, or