Section 3215. Section 3216. tradition practices and procedures in this country, it has been the experience of the Department of Justice that many fugitives are interested in waiving the normal extradition procedures. This provision allows a fugitive who seeks immediate return to the country demanding his surrender a binding method of returning without having to await the conclusion of extradition procedures. Such a fugitive must both orally and in writing advise the court before which the extradition hearing would be held that he knows of and waives all rights guaranteed by the applicable treaty and the provisions of this subchapter. Once a person has waived his rights, the waiver is irrevocable. If the demanding government and the court accept the waiver, the demanding government has fifteen days to remove the person from the United States. A person not removed within this fifteen day period must be released from official detention. However, such release does not terminate the proceeding, and the demanding government can still remove the person. SECTION 3215. APPEAL This section is also new and is designed to expedite the appellate process in extradition proceedings. Currently, there is no direct appeal of a finding of extraditability.21 A person fighting extradition must begin his appellate process by filing a petition for a writ of habeas corpus. Most people fighting extradition seek habeas corpus in a district court and then appeal an adverse decision to the court of appeals. This provision will expedite the surrender of many fugitives by eliminating the habeas corpus proceeding in the district court. Under section 3215 either the person ordered extradited, or the foreign government, may appeal from a judgment on a request for extradition. Once the district court makes its decision on extraditability, a notice of appeal must be filed within seven days. The appellant, whether it is the person or the foreign government, then has ten days in which to file a brief and the appellee has ten days from the time of receipt of appellant's brief to submit a response. This section also prohibits the granting of a stay of the requirentent that a person found extraditable is to be committed to the custody of the Attorney General. Furthermore, only the court of appeals before which the appeal is pending may grant a stay of the requirements that the lower court must certify the record of the proceeding, including the finding as to extraditability on each charge, and, on those charges where the evidence was insufficient, the reasons for such findings. SECTION 3216. RETURN TO THE UNITED STATES This section carries forward the provisions of 18 U.S.C. 3192 and 3193. It provides that the President may take all necessary measures for the transportation and protection of a person delivered to an agent of the United States pursuant to an extradition request until the person is returned to the jurisdiction that sought his return. Presently, pursuant to an Executive Order.22 the Secretary of State designates agents to receive, on behalf of the United States, the delivery for 21 Collins v. Miller, 252 U.S. 364 (1920). 22 Exec. Order No. 11517, 35 Fed. Reg. 4937 (1970). extradition by a foreign government of any person accused of a crime committed within the United States. Section 3216 codifies this authority of the Secretary of State to designate such agents. SECTION 3217. GENERAL PROVISIONS FOR SUBCHAPTER B Subsection (a) of this section generally prohibits entry into the United States of persons being extradited from one foreign country to another, but contains a limited exception for transit. A provision permitting such transit is presently contained in most United States extradition treaties. Such a provision is necessary because in some instances extraditees cannot be transported to the country demanding their surrender without passing through a third country. The only conditions under which such transit will be permitted under section 3217 are where a competent diplomatic official of the foreign nation seeking the transit has given notice of the intended transit to the Secretary of State, and where the transit will be continuous. Subsection (b) replaces 18 U.S.C. 3195 and provides for the payment of fees and costs. Under 18 U.S.C. 3195, the country seeking extradition was required to pay all expenses incurred in the extradition process. In many cases, this has resulted in foreign governments receiving bills for as little as $20 and $25 for court costs, marshal services, etc.-bills that have been viewed as offensive and somewhat petty since the mere paper work in handling such responses costs more than the total bill itself. The Committee believes that, since the United States is not billed for such services by foreign governments, it is inappropriate to charge foreign nations for such expenses. Paragraph (1) of this subsection thus provides that where the demanding government is represented by the Attorney General in the extradition proceeding, the United States will pay all fees and expenses except those incurred for the translation of extradition documents and for the transportation of the person to be extradited. In those cases where the demanding government is not represented by the Attorney General, the United States may, in the discretion of the Secretary of State, pay the expenses for the extradition proceedings. When one of the States of the United States seeks the extradition of a person from a foreign nation, that State is called upon to pay the cost for the extradition. Similarly, if the Federal government seeks the extradition of a person, the United States is to pay the costs for the extradition. CHAPTER 33.-JURISDICTION AND VENUE This chapter delineates the jurisdiction of United States District Courts over offenses occurring within the bounds of Federal jurisdiction, establishes the power of United States magistrates to try certain offenses, grants jurisdiction for the issuance of arrest warrants, and establishes the general rules for the placement of venue. The chapter substantially codifies current law. SECTION 3301. JURISDICTION OF DISTRICT COURTS OVER OFFENSES 1. In General The Federal district courts are courts of limited jurisdiction and their authority to act in a particular matter is dependent on a grant of jurisdiction from the Congress. The purpose of this section then is to grant that jurisdiction to try offenses and to do so in language appropriate to that of the remainder of the Code. 2. Present Federal Law The bulk of current Federal law on this subject is found in two sections-18 U.S.C. 3231 and 3241.1 The former section establishes in general terms the original jurisdiction of United States District Courts over offenses against the laws of the United States. The section, moreover, makes such jurisdiction exclusive of the courts of the States but purports not to impair the jurisdiction of such courts over acts which violate both Federal and State law. 18 U.S.C. 3241 grants to the District Court for the Canal Zone and the District Court of the Virgin Islands jurisdiction over offenses against the laws of the United States committed within the territorial jurisdiction of those courts, as well as concurrent jurisdiction over offenses committed on the high seas. 3. Provisions of S.1, as Reported Section 3301 makes few substantive changes in existing Federal law. It combines the general terms of 18 U.S.C. 3231 and 3241 into one section, eliminates the provision of section 3231 dealing with nonimpairment of State jurisdiction which is covered in section 205 of the Code, and expands the provisions of section 3241 to include the District Court of Guam.2 1 In addition. 18 U.S.C. 3242 deals with jurisdiction over offenses committed by Indians on Indian reservations. That subject is treated in the proposed Code under section 203 (a) (3). This latter provision is in keeping with the terms of 48 U.S.C. 1424 and 1424b. Section 3303. SECTION 3302. JURISDICTION OF UNITED STATES MAGISTRATES 1. In General OVER OFFENSES In order to free Federal district court judges from the burdens of presiding over relatively minor cases, and to provide defendants in those cases with a method of relatively rapid disposition of the charges against them, provision is made both under current law and under the proposed Code for trial before United States magistrates under certain conditions which include, generally, a waiver of the right to trial before a district court. 2. Present Federal Law Present Federal law on jurisdiction of the magistrates is found in sections 3401 and 3402 of title 18. The former section permits magistrates, when designated by the district court, to try and sentence persons for minor offenses (generally defined as any offense whose punishment is less than one year and less than $1,000 fine). However, before the magistrate may exercise that authority, the section also requires a knowing waiver of the right of trial before a jury and the right to trial in a district court. 18 U.S.C. 3401 also contains provisions dealing with procedural matters such as the extension of probation laws to cases tried by magistrates, the ordering of presentence reports, and the recording of proceedings. Section 3402 of title 18 establishes a right of appeal from the magistrate's court to the district court and authorizes the Supreme Court to establish rules of practice and procedure in magistrates courts. 3. Provisions of S. 1, as Reported Section 3302 of the proposed Code carries forward most of the substantive aspects of both 18 U.S.C. 3401 and 3402. The areas dealing with probation and presentence reports are deleted from the section because the amended Rule 32 of the Federal Rules of Criminal Procedure (Presentence Reports) and chapter 21 (Probation) of the Code continue those provisions of current law. It should be noted that by including all misdemeanors and infractions within magistrates' jurisdiction the fine level limitations of current law have been substantially raised. One matter that deserves mention is the waiver of jury trial provision contained in section 3302(b). While this section would allow a defendant to waive a jury trial, it must be read in conjunction with Rule 23 of the Federal Rules of Criminal Procedure which requires: the consent of the government and court to such a waiver. While theseconsents would normally be forthcoming in minor cases, the Committee intends that they be required under the proposed Code. The language of the section has the same scope and effect as under current law, the changes being only stylistic in nature. SECTION 3303. JURISDICTION TO ORDER ARRESTS FOR OFFENSES 1. In General As a general rule, arrests are carried out under the order of a judicial officer. The authority to issue arrest orders requires a legislative grant. The granting of such authority, the exercise of that authority |