18 USC Sec. 3144 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 3144. Release or detention of a material witness
If it appears from an affidavit filed by a party that the
testimony of a person is material in a criminal proceeding, and if
it is shown that it may become impracticable to secure the presence
of the person by subpoena, a judicial officer may order the arrest
of the person and treat the person in accordance with the
provisions of section 3142 of this title. No material witness may
be detained because of inability to comply with any condition of
release if the testimony of such witness can adequately be secured
by deposition, and if further detention is not necessary to prevent
a failure of justice. Release of a material witness may be delayed
for a reasonable period of time until the deposition of the witness
can be taken pursuant to the Federal Rules of Criminal Procedure.
(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
Stat. 1982; amended Pub. L. 99-646, Sec. 55(e), Nov. 10, 1986, 100
REFERENCES IN TEXT
The Federal Rules of Criminal Procedure, referred to in text, are
set out in the Appendix to this title.
A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821,
related to cases removed from State courts, prior to repeal in the
revision of this chapter by section 203(a) of Pub. L. 98-473.
1986 - Pub. L. 99-646 substituted "subpoena" for "subpena" and
inserted "of this title".
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10,
1986, see section 55(j) of Pub. L. 99-646, set out as a note under
section 3141 of this title.