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![handle is hein.leghis/isctionsu0001 and id is 1 raw text is: ]Public Law 88-520
88th Congress, H. R. 7219
August 30, 1964
78 STAT. 699.
To amend seetions 3288 and 3289 of title 18, United States Code, relating to
relndictment after dismissal of a defective indictment.
Be it enacted by the 8enate and House o/ Representatives of the
United.States of America in Congress assembled, That section 3288
of title 18, United States Code, is amended to read as follows:
a§ 3288. Indictment where defect found after period of limita-
tions
Whenever an indictment is dismissed for any error, defect, or
irregularity with respect to the grand jury, or an indictment or infor-
mation filed after the defendant waives in open court prosecution by
indictment is found otherwise defective or insufficient for any cause,
mitter the period prescribed by the applicable statute of limitations
has expired, a new indictment may be returned in the appropriate
jurisdiction within six calendar months of the date of the dismissal of
the indictment or information, or, if no regular grand jury is in session
in the appropriate jurisdiction when the indictment or information
is dismissed, within six calendar months of the date when the next
regular grand jury is convened, which new indictment shall not be
barred by any statute of limitations.
SEc. 2, That section 3289 of title 18, United States Code, is amended
to read as follows:
§ 3289. Indictment where defect found before period of limita-
tions
Whenever an indictment is dismissed for any error, defect, or
irregularity with respect to the grand jury, or an indictment or infor-
nation filed after the defendant waives in open court prosecution by
indictment is found otherwise defective or insufficient for any cause,
before the period prescribed by the applicable statute of limitations
has expired, and such period will expire within six calendar months
of the date of the dismissal of the indictment or information, a new
indictment may be returned in the appropriate jurisdiction within
six calendar months of the expiration of the applicable statute of
limitations, or, if no regular grand jury-isin session in the appropriate
jurisdiction at the expiration of the applicable statute of limitations,
within six calendar months of the date when the next. regular grand
jury is convened, which nw indictment shall not be barred by any
statute of limitations.
Approved August 30, 1964.
LEGISLATIVE HISTORY:.
H USE REPORT No. 606 ,(Comm. on the Judiciary).
SENATE REPORT No. 1414 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
-Vol. 109 (1963): Aug. 5, considered and passed House.
Vol. 110 (1964): Aug. 15, considered and passed Senate.
GPO S-I S1
Crimes and
offenses.
Reindictment.
62 Stat. 828.](ViewImageLocal?handle=hein.leghis/isctionsu0001&div=1&collection=&method=preview&ext=.png&size=3)