A bill to amend the Speedy Trial Act of 1974.

Summary

Amends the Speedy Trial Act of 1974 (relating to Federal criminal procedure) 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, of these two dates: (1) 120 days from the filing date of the information or indictment; or (2) the date of the defendant's appearance before a judicial officer, but stipulates that such trial shall not commence less than 30 days from such date without the consent of the defendant. Allows the court to extend any time limit provided by this Act upon a statement in the record of reasons which are consistent with specified criteria, including: (1) examinations of defendants to determine mental competency, physical capacity, or eligibility for treatment under the Narcotic Addiction Rehabilitation Act (NARA); (2) pretrial proceedings of unusual complexity; (3) certain criminal procedures, including other trials, interlocutory appeals, joinder of codefendants, and plea bargaining; and (4) the court's finding that the ends of justice served by an extension outweigh the best interest of the public and the defendant in a speedy trial, according to specified criteria. Prohibits an extension because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses by the Government attorney. Applies the delay provisions to the current interim provision (due to expire on July 1, 1979) which requires commencement of trial within 90 days from the beginning of continuous pretrial detention of a person who is awaiting trial or from the designation of a person as being of high risk who is released to await trial. 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 of the circuit for a suspension (as currently provided) within ten days of the initial suspension. Authorizes such council to suspend for up to one year the time limits for arraignment and trial of cases for which indictments are filed during such period (currently, the council must apply to the Judicial Conference of the United States for such suspension), but requires such council to report any suspension to the Director of the Administrative Office of the United States, who shall then transmit the report to Congress and to the Judicial Conference of the U.S. Prohibits a judicial council from suspending limits within six months of a prior suspension without the consent of Congress.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 26 April 1979

  Open at official source

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