The law › Title 18, Crimes and Criminal Procedure › Chapter 219
18 U.S.C. 3401: Misdemeanors; application of probation laws
Created in 1958 by Public Law 85-508. Changed by 8 later laws. No bill we track in this Congress changes it.
8 other sections of the Code cite this one, including 16 U.S.C. 460d, 16 U.S.C. 670j, 16 U.S.C. 1338, 18 U.S.C. 5032, 28 U.S.C. 636.
2 parts of federal rules cite it as their authority, written by Department of the Army (1), Department of Defense, Defense Logistics Agency (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2000
- Pub. L. 106–518, §203(a)(1), struck out "that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction," after "petty offense". (Federal Courts Improvement Act of 2000) Law text · (b)
- Pub. L. 106–518, §203(a)(2), substituted first sentence for former first sentence which read: "The magistrate judge may, in a petty offense case involving a juvenile, that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, exercise all p… (Federal Courts Improvement Act of 2000) Law text · (g)
1996
- Pub. L. 104–317, §202(a)(1), inserted ", other than a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction," after "misdemeanor", substituted "tried before a district judge" for "tried before a judge of the district court… Law text · (b)
- Pub. L. 104–317, §202(a)(2), substituted "The magistrate judge may, in a petty offense case involving a juvenile, that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, exercise all powers granted to the district court under chapter 403… Law text · (g)
1992
- Pub. L. 102–572, §103(1), substituted "and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge" for "and to revoke or reinstate the probation of any person granted probation by him". · (d)
- Pub. L. 102–572, §103(2), added subsecs. (h) and (i). · (h), (i)
1988
- Amendment by Pub. L. 100–690 directing that "and section 4216" be struck out after "under chapter 402" in subsec. (g), was executed to subsec. (g) applicable to offenses committed prior to Nov. 1, 1987, as the probable intent of Congress, in view of the amendment by section 223(j) of P… · (g)
1984
- Pub. L. 98–473, §223(j)(1), redesignated subsec. (h) as (g) and struck out former subsec. (g) which related to powers of magistrate in case involving youthful offender. Former subsec. (g), as amended by Pub. L. 100–690, read as follows: "The magistrate may, in a case involving a … · (g), (h)
- Pub. L. 98–473, §223(j)(2), which directed amendment of subsec. (h) by substituting reference to Class B or C misdemeanor case or an infraction case, for reference to petty offense case, was executed to subsec. (g) as the probable intent of Congress in view of redesignation of subsec. (h) as (g) by… · (g), (h)
1979
- Pub. L. 96–82, §7(b), substituted "Misdemeanors" for "Minor offenses" in section catchline.
- Pub. L. 96–82, §7(a)(1), substituted "any United States magistrate shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed" for "and under such conditions as may be imposed by the terms of the special designation, any United States m… · (a)
- Pub. L. 96–82, §7(a)(2), substituted reference to persons charged with misdemeanors for reference to persons charged with minor offenses, substituted reference to right to trial, judgment, and sentencing for reference to right to trial, and struck out provisions relating to the waiver … · (b)
- Pub. L. 96–82, §7(a)(3), substituted provisions authorizing the district court to order misdemeanor proceedings to be conducted before a district court judge for provisions defining term "minor offenses". · (f)
- Pub. L. 96–82, §7(a)(4), added subsecs. (g) and (h). · (g), (h)
1968
- Pub. L. 90–578 substituted "Minor offenses" for "Petty offenses" and struck out provision for "fees" in section catchline.
- Pub. L. 90–578 provided for trial by a magistrate rather than a commissioner of minor offenses instead of petty offenses, under such conditions as may be imposed by the terms of the special designation, required imposition of sentence after conviction instead of sentencing of person co… · (a)
- Pub. L. 90–578 provided that the person be charged with a minor offense rather than a petty offense, prescribed trial in district court for the district in which the offense was committed, and required an explanation to be given of right to trial before a district court judge with righ… · (b)
- Pub. L. 90–578 substituted authorization for magistrate to conduct presentence investigation for prior provisions making probation laws applicable to persons tried by commissioners having power to grant probation, now incorporated in subsec. (d) of this section. · (c)
- Pub. L. 90–578 incorporated existing provisions of former subsec. (c) of this section in provisions designated as subsec. (d), substituted "magistrate" for "commissioner", authorized revocation or reinstatement of probation by the officer granting the probation, and struck out former p… · (d)
- Pub. L. 90–578 substituted requirement that proceedings before magistrates be taken down by a court reporter or recorded by sound recording equipment and provision for availability of a copy of the record of such proceedings for appeal purposes to be paid by the Director at Federal exp… · (e)
- Pub. L. 90–578 added subsec. (f). · (f)
1958
- Pub. L. 85–508 struck out provisions which related to commissioners appointed for Alaska. See section 81A of Title 28, Judiciary and Judicial Procedure, which establishes a United States District Court for the State of Alaska. · (e)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.