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85th Congress, H. R. 71
April 25, 1957

AN ACT

71 Stat. 25.

To prohibit the payment of pensions to persons confined in penal institutions for periods longer than sixty days.

Pension pay

tain prison

ers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no pension under public or private laws administered by the Veterans' Adminis-ments to oertration shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as the result of conviction of a felony or misdemeanor for any part of the period beginning sixtyone days after his imprisonment begins and ending when his imprisonment ends.

SEC. 2. (a) Where any veteran is disqualified for pension for any period solely by reason of the first section of this Act, the Administrator may apportion and pay to his wife or children the pension which such veteran would receive for that period but for this Act. (b) Where any widow or child of a veteran is disqualified for pension for any period solely by reason of the first section of this Act, the Administrator may (1) if the widow is disqualified, pay to the child, or children, the pension which would be payable if there were no such widow or (2) if a child is disqualified, pay to the widow the pension which would be payable if there were no such child.

Veterans'

wives or
children.

SEC. 3. This Act shall take effect on the first day of the second Effective date. calendar month which begins after the date of its enactment.

Approved April 25, 1957.

85th Congress, H. R. 3367
September 2, 1957

AN ACT

71 Stat. 583.

To amend section 1867 of title 28 of the United States Code to authorize the use of certified mail in summoning jurors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1867 Jurors. of title 28, United States Code, is amended to read as follows:

" 1867. Summoning jurors

"When the court orders a grand or petit jury to be drawn the clerk shall issue summons for the required number of jurors and deliver them to the marshal for service.

"Each person drawn for jury service may be served personally or by registered or certified mail addressed to such person at his usual residence or business address.

"Such service shall be made by the marshal who shall attach to his return the addressee's receipt for the registered or certified summons, where service is made by mail".

Approved September 2, 1957.

(403)

62 Stat. 953.

85th Congress, H. R. 110
September 2, 1957

AN ACT

71 Stat. 586.

To amend section 372 of title 28, United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 372 of Title 28, title 28 of the United States Code, as amended, is further amended by U.S.Code, inserting at the end thereof an additional subsection reading as fol- amendment. lows:

62 Stat. 903.

of additional judge.

"(b) Whenever any judge of the United States appointed to hold Disabled office during good behavior who is eligible to retire under this section judge. does not do so and a certificate of his disability signed by a majority Appointment of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief Judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, or by the chief judge of his court in the case of a judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, is presented to the President and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. Whenever any such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. Any judge whose disability causes the appointment of an additional judge shall, for purpose of precedence, service as chief judge, or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit, district, or court."

Approved September 2, 1957.

Public Law 85-268
85th Congress, H. R. 4193
September 2, 1957

AN ACT

71 Stat. 594.

To amend section 1716 of title 18, United States Code, so as to conform to the
Act of July 14, 1956 (70 Stat. 538-540).

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 1716 Title 18,U.S. of title 18, United States Code, as amended, is further amended by Code, amendment. striking out the words "two years" in the seventh paragraph, and by 69 Stat. 191. inserting in lieu thereof, the words "one year"; by striking out the words "ten years" in the eighth paragraph and by inserting in lieu thereof the words "twenty years"; and by adding a new paragraph

to read as follows:

"Whoever is convicted of any crime prohibited by this section, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion, shall so order."

Approved September 2, 1957.

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To amend chapter 223, title 18, United States Code, to provide for the production of statements and reports of witnesses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 223 Title 18,U.S. of title 18, United States Code, is amended by adding a new section Code, amendments. 3500 which shall read as follows:

62 Stat. 832.

Ҥ 3500. Demands for production of statements and reports of wit-Witnesses.

nesses

"(a) In any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a Government witness or prospective Government witness (other than the defendant) to an agent of the Government shall be the subject of subpena, discovery, or inspection until said witness has testified on direct examination in the trial of the case.

"(b) After a witness called by the United States has testified on direct examination, the court shall, on motion of the defendant, order the United States to produce any statement (as hereinafter defined) of the witness in the possession of the United States which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.

"(c) If the United States claims that any statement ordered to be produced under this section contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the United States to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the United States and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of said defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of such statement by said defendant and his preparation for its use in the trial.

“(d) If the United States elects not to comply with an order of the court under paragraph (b) or (c) hereof to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Statements and reports.

"Statement".

71 Stat. 595. 71 Stat. 596.

"(e) The term 'statement', as used in subsections (b), (c), and (d) of this section in relation to any witness called by the United States,

means

“(1) a written statement made by said witness and signed or otherwise adopted or approved by him; or

"(2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness to an agent of the Government and recorded contemporaneously with the making of such oral statement."

The analysis of such chapter is amended by adding at the end thereof the following:

"3500. Demands for production of statements and reports of witnesses.”

Approved September 2, 1957.

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