FEDERAL · 18 U.S.C. · Chapter 403
Custody prior to appearance before magistrate judge
18 U.S.C. § 5033
Title18 — Crimes and Criminal Procedure
Chapter403 — JUVENILE DELINQUENCY
This text of 18 U.S.C. § 5033 (Custody prior to appearance before magistrate judge) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
18 U.S.C. § 5033.
Text
Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile's parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.
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Source Credit
History
(June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93–415, title V, §503, Sept. 7, 1974, 88 Stat. 1135; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
Editorial Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§922, 923 (June 16, 1938, ch. 486, §§2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
The other provisions of said section 922 are incorporated in section 5032 of this title.
Editorial Notes
Amendments
1974—Pub. L. 93–415 amended section generally, substituting "Custody prior to appearance before magistrate", for "Jurisdiction; written consent; jury trial precluded" in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Repeals
Pub. L. 93–415, title V, §503, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, §307, Dec. 21, 2018, 132 Stat. 5152.
Based on title 18, U.S.C., 1940 ed., §§922, 923 (June 16, 1938, ch. 486, §§2, 3, 52 Stat. 765).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
This revised section and section 5032 of this title were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
The other provisions of said section 922 are incorporated in section 5032 of this title.
Editorial Notes
Amendments
1974—Pub. L. 93–415 amended section generally, substituting "Custody prior to appearance before magistrate", for "Jurisdiction; written consent; jury trial precluded" in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judge" substituted for "magistrate" in catchline and wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Repeals
Pub. L. 93–415, title V, §503, Sept. 7, 1974, 88 Stat. 1135, cited as a credit to this section, was repealed by Pub. L. 115–385, title III, §307, Dec. 21, 2018, 132 Stat. 5152.
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Bluebook (online)
18 U.S.C. § 5033, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/5033.