{ "id": "RS22259", "type": "CRS Report", "typeId": "REPORTS", "number": "RS22259", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 385148, "date": "2006-03-08", "retrieved": "2016-04-07T19:09:18.017029", "title": "Arrest and Detention of Material Witnesses: A Sketch", "summary": "The federal material witness statute provides that, \u201cIf it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding [including a grand jury proceeding], and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title [relating to bail]. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure,\u201d 18 U.S.C. 3144.\nIn response to objections that the authority had been misused, H.R. 3199 as reported by the House Judiciary Committee required Justice Department reports on use of the authority in a grand jury context. The provision was dropped before the bill was taken up. The version sent to the President after passage had no such provision.\nS. 1739 would rewrite section 3144, among other things, establishing explicit and more demanding standards for arrest and detention and imposing explicit time limitations on detention.\nThis is an abridged version of CRS Report RL33077, Arrest and Detention of Material Witnesses: Federal Law In Brief, by Charles Doyle, without footnotes, most citations to authority, or appendixes.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RS22259", "sha1": "bafc61e54e8788bc94c4ed6b50507aff327264cd", "filename": "files/20060308_RS22259_bafc61e54e8788bc94c4ed6b50507aff327264cd.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS22259", "sha1": "bb4faf89d1475c840cf7c78b303676d23f7660c9", "filename": "files/20060308_RS22259_bb4faf89d1475c840cf7c78b303676d23f7660c9.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs7361/", "id": "RS22259 2005-09-13", "date": "2005-09-13", "retrieved": "2005-09-27T14:47:46", "title": "Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch", "summary": "Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050913_RS22259_ebbe9f0705f57d057bf989cec80ca4422adfbb0f.pdf" }, { "format": "HTML", "filename": "files/20050913_RS22259_ebbe9f0705f57d057bf989cec80ca4422adfbb0f.html" } ], "topics": [ { "source": "LIV", "id": "Civil liberties", "name": "Civil liberties" }, { "source": "LIV", "id": "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001", "name": "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001" }, { "source": "LIV", "id": "Detention of persons - Law and legislation", "name": "Detention of persons - Law and legislation" }, { "source": "LIV", "id": "Criminal justice", "name": "Criminal justice" } ] } ], "topics": [] }