96th Congress > House > Vote 368
Description: TO PASS S. 961, AMENDING THE SPEEDY TRIAL ACT OF 1974. (MOTION PASSED)
Bill summary: (Measure passed House, amended, roll call #406 (416-1))
Speedy Trial Act Amendments Act of 1979 - Amends the Speedy Trial Act of 1974 to modify the current provisions requiring (1) the arraignment of a defendant within ten days of the filing of the information or indictment, and (2) commencement of trial within 60 days of arraignment, to require commencement of trial within 70 days from the later of: (1) the filing date of the information or indictment; or (2) the defendant's appearance before
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a judicial officer. Stipulates that trial shall not commence less than 30 days from defendant's first appearance through counsel or his or her express waiver of counsel, unless such defendant consents in writing to the contrary. Requires commencement of trial before a magistrate within 70 days of the defendant's consent to be so tried.
Requires commencement of trial within 70 days (exclusive of any allowable periods of delay) of the date of a final order of an appellate court occasioning a retrial (currently 60 days).
Extends the periods of delay which are excluded in computing the time limits for the filing of an information or indictment, and the commencement of trial, to include delay resulting from: (1) any proceeding to determine the mental competency or physical capacity of the defendant; (2) any proceeding or deferral of prosecution pursuant to the Narcotic Addiction Rehabilitation Act; (3) the removal of any defendant from another district under the Federal Rules of Criminal Procedure; (4) transportation of a defendant from another district or with respect to an examination or hospitalization; and (5) consideration by the court of a proposed plea agreement.
Revises the factors which a judge must consider in determining whether to grant a continuance of the case to include: (1) whether the complexity or unusual nature of the case is such that it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the required time limits (currently, only the trial itself is covered); (2) whether delay in the filing of the indictment is caused because the prior arrest occurs at a time such that it is unreasonable to expect filing of the indictment within the statutory period, or because the facts upon which the grand jury must base its determination are unusual or complex; and (3) whether the failure to grant a continuance would (A) deny the defendant reasonable time to obtain counsel, (B) unreasonably deny the defendant or the Government continuity of counsel, or (C) deny defense counsel or the Government attorney the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Extends from July 1, 1979, to July 1, 1980, the effective date of the sanctions provided for by such Act.
Requires the commencement of the trial of: (1) a person in detention solely to await trial; and (2) a released person awaiting trial who has been designated by the Government attorney as being of high risk, within 90 days of the beginning of such detention or designation (exclusive of any periods of delay).
Requires each district court to prepare and submit by June 30, 1980, a plan to govern the trial or other disposition of offenses within its jurisdiction during a specified period.
Revises the contents of the district plans for the disposition of criminal cases and the reports to Congress by the Administrative Office of the United States Courts with respect to such plans. Directs the Department of Justice to prepare and submit to Congress by December 31, 1979, a report setting forth the impact of the implementation of this Act on the office of the United States Attorney in each district.
Authorizes a judicial council of the circuit which finds no remedy for calendar congestion resulting from the lack of resources to grant, upon application by the chief judge of the district, a suspension of the time limits up to one year for the trial of cases arising during such period.
Prohibits a council to grant a suspension to any district within six months of the expiration of a prior suspension without the consent of Congress by Act of Congress. Excepts from such limitation any judicial district in which the prior suspension is in effect on the date of enactment of this Act.
Authorizes the chief judge of a district court to suspend for up to 30 days the time limits provided by this Act when the need for such suspension is of great urgency, but requires such judge to apply to the judicial council within ten days of the initial suspension.
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Bill titles: A bill to amend the Speedy Trial Act of 1974.
Original source documents: Digest of the Congressional Record vol. 107, p. 6925;
Links for more info on the vote: congress.gov
