1 "Sec. "CHAPTER 208.-SPEEDY TRIAL "3161. Time limits and exclusions. "3162. Sanctions. "3163. Effective dates. "3164. Interim limits. "3165. Planning process. "3166. District plans-generally. "3170. Definitions. "3171. Sixth amendment rights. 2 "§ 3161. Time limits and exclusions 3 "(a) In any case involving a defendant charged with 4 an offense, the appropriate judicial officer, at the earliest 5 practicable time, shall, after consultation with the counsel 6 for the defendant and the attorney for the Government, set a day certain for trial. 7 8 "(b) Any information or indictment charging an indi 9 vidual with the commission of an offense shall be filed within 10 thirty days from the date on which such individual was 11 arrested or served with a summons in connection with such 12 charges. 13 11 "(c) The trial of a defendant charged in an information or indictment with the commission of an offense shall be 15 commenced within sixty days from the date on which the 16 information or indictment containing such charge is filed (and made public). 17 18 "(d) If any indictment or information is dismissed upon 19 motion of the defendant, or any charge contained in a 1 complaint filed against an individual is dismissed or other2 wise dropped, for reasons other than those provided in sec3 tion 3162 (a) and thereafter a complaint is filed against 4 such defendant or individual charging him with the same 5 offense or an offense based on the same conduct or arising 6 from the same criminal episode, or an information or indict7 ment is filed charging such defendant with the same offense 8 or an offense based on the same conduct or arising from the 9 same criminal episode, the provisions of subsections (b) and 10 (c) of this section shall be applicable with respect to such 11 subsequent complaint, indictment, or information, as the case 12 may be. 13 "(e) If the defendant is to be tried again following a 14 declaration by the trial judge of a mistrial or following an 1 order, of such judge for a new trial, within sixty days from 16 the date the action occasioning the retrial becomes final. If 17 the defendant is to be tried again following an appeal or a 18 collateral attack, within sixty days from the date the action 19 occasioning the retrial becomes final, except that the court 20 retrying the case may extend the period for retrial not to 21 exceed one hundred and eighty days from the date the action 22 occasioning the retrial becomes final if unavailability of 23 witnesses or other factors resulting from passage of time 24 shall make trial within sixty days impractical. 25 "(f) Notwithstanding the provisions of subsection (b) 4 1 of this section, for the first twelve-calendar-month period fol2 lowing the effective date of this section as set forth in section 3 3163 (b) of this chapter the time limit imposed by subsection 4 (b) of this section shall be sixty days, and for the second and 5 third such twelve-month periods such time limit shall be forty6 five days. 7 "(g) Notwithstanding the provisions of subsection (c) 8 of this section, for the first twelve-calendar-month period 9 following the effective date of this section as set forth in sec10 tion 3163 (c) of this chapter, the time limit imposed by sub11 section (c) of this section shall be one hundred and eighty 12 days, and for the second and third such twelve-month periods 13 such time limit shall be one hundred and twenty days. "(h) The following periods of delay shall be excluded 15 in computing the time within which an information or an 16 indictment must be filed, or in computing the time within 17 which the trial of any such offense must commence: 14 18 "(1) Any period of delay resulting from other pro19 ceedings concerning the defendant, including but not limited 20 to 21 222 23 24 "(i) delay resulting from any examination and hearing on competency; "(ii) delay resulting from an examination of the defendant pursuant to section 2902 of title 28, United 25 States Code; 1 2 3 4 5 6 7 བ 8 9 10 11 5 "(iii) delay resulting from trials with respect to other charges against the defendant; "(iv) delay resulting from interlocutory appeals; "(v) delay resulting from hearings on pretrial mo tions; "(vi) delay resulting from proceedings under Rule 20 of the Federal Rules of Criminal Procedure; and "(vii) delay reasonably attributable to any period during which any proceeding concerning the defendant is actually under advisement. "(2) Any period of delay during which prosecution 12 is deferred by the attorney for the Government pursuant to 13 written agreement with the defendant, with the approval 14 of the court, for the purpose of allowing the defendant to 15 demonstrate his good conduct. 16 "(3) (A) Any period of delay resulting from the absence or unavailability of the defendant or an essential 18 witness. 17 19 20 21 "(B) For purposes of subclause (A) of this clause, a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is 22 attempting to avoid apprehension or prosecution or his 23 whereabouts cannot be determined by due diligence. For 24 purposes of such subclause, a defendant or an essential witness shall be considered unavailable whenever his where 1 2 abouts are known but his presence for trial cannot be ob tained by due diligence or he resists being returned for 3 trial. 4 "(4) Any period of delay resulting from the fact that the 5 6 defendant is incompetent to stand trial. "(5) Any period of delay resulting from the treatment 7 of the defendant pursuant to section 2902 of title 28, United S States Code. 9 "(6) If the information or indictment is dismissed upon 10 motion of the attorney for the Government and thereafter a 11 charge is filed against the defendant for the same offense, or 12 any offense required to be joined with that offense, any 13 period of delay from the date the charge was dismissed to the 11 date the time limitation would commence to run as to the 15 subsequent charge had there been no previous charge. "(7) A reasonable period of delay when the defendant 17 is joined for trial with a codefendant as to whom the time for 18 trial has not run and no motion for severance has been 19 granted. 20 21 “(8) (A) Any period of delay resulting from a continuance granted by any judge on his own motion or at the re22 quest of the defendant or his counsel or at the request of the 23 attorney for the Government, if the judge granted such con24 tinuance on the basis of his findings that the ends of justice 25 served by taking such action outweigh the best interest |