Laws: Cases and Codes : U.S. Code : Title 21 : Section 848
|
U.S. Code as of:
01/19/04
Section 848 - Notes
SOURCE
(Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265;
Pub. L. 98-473, title II, Secs. 224(b), formerly Sec. 224(c), 305,
Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Secs.
1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14;
Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov.
18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII,
Secs. 330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141,
2143, 2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec.
903(b), Apr. 24, 1996, 110 Stat. 1226, 1318.)
REFERENCES IN TEXT
Act of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207), referred
to in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as
amended, which is not classified to the Code.
The Federal Rules of Criminal Procedure, referred to in subsec.
(j), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
The Civil Rights Act of 1964, referred to in subsec. (o)(2)(A),
is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title
VII of the Civil Rights Act of 1964 is classified generally to
subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 2000a of
Title 42 and Tables.
AMENDMENTS
1996 - Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par.
(9) generally. Prior to amendment, par. (9) read as follows: "Upon
a finding in ex parte proceedings that investigative, expert or
other services are reasonably necessary for the representation of
the defendant, whether in connection with issues relating to guilt
or sentence, the court shall authorize the defendant's attorneys to
obtain such services on behalf of the defendant and shall order the
payment of fees and expenses therefore, under paragraph (10). Upon
a finding that timely procurement of such services could not
practicably await prior authorization, the court may authorize the
provision of and payment for such services nunc pro tunc."
Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)
generally. Prior to amendment, par. (10) read as follows:
"Notwithstanding the rates and maximum limits generally applicable
to criminal cases and any other provision of law to the contrary,
the court shall fix the compensation to be paid to attorneys
appointed under this subsection and the fees and expenses to be
paid for investigative, expert, and other reasonably necessary
services authorized under paragraph (9), at such rates or amounts
as the court determines to be reasonably necessary to carry out the
requirements of paragraphs (4) through (9)."
1994 - Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e),
substituted "subsection (c)(1) of this section" for "subsection
(d)(1) of this section".
Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical
amendment to reference to section 859 of this title to correct
reference to corresponding section of original act.
Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted
"applications for writ" for "applications, for writ".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased
minimum term of imprisonment for first violations to 20 from 10
years and for subsequent violations to 30 from 20 years.
Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated
subsecs. (d) and (e) as (c) and (d), respectively.
Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).
Former subsec. (e) redesignated (d).
Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of
former subsec. (e) as (f), could not be executed because of prior
redesignation of former subsec. (e) as (d) by Pub. L. 100-690, Sec.
6481(b), which resulted in there not being a subsec. (f).
Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added
subsecs. (g) to (r).
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted "to a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $2,000,000 if the defendant is
an individual or $5,000,000 if the defendant is other than an
individual," for "to a fine of not more than $100,000," and "to a
fine not to exceed the greater of twice the amount authorized in
accordance with the provisions of title 18 or $4,000,000 if the
defendant is an individual or $10,000,000 if the defendant is other
than an individual," for "to a fine of not more than $200,000,".
Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b)
and redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, which resulted in there not being a subsec. (c).
1984 - Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1)
designation, substituted references to section 853 of this title
for references to paragraph (2) in two places, and struck out par.
(2) which related to forfeitures to the United States by any person
convicted under par. (1).
Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d)
relating to jurisdiction of courts of the United States.
Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub.
L. 99-570, Sec. 1005(b)(2), which directed the amendment of subsec.
(c) of this section by striking out "and section 4202 of title 18
of the United States Code", was executed by striking out that
language in subsec. (e) to reflect the probable intent of Congress
and the intervening amendment by Pub. L. 99-570, Sec. 1253, which
redesignated subsec. (c) as (e). See 1986 Amendment note above.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 853 of this title; title
18 sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28
sections 2254, 2255.
|
Ads by FindLaw