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CITE

    18 USC Sec. 3144                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

HEAD

    Sec. 3144. Release or detention of a material witness

STATUTE

      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.

SOURCE

    (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
    Stat. 3609.)

REFERENCES IN TEXT

      The Federal Rules of Criminal Procedure, referred to in text, are
    set out in the Appendix to this title.

PRIOR PROVISIONS

      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.
                                AMENDMENTS
      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.