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to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury.

"(c) In civil cases, before the voir dire examination begins, or within seven days after the party discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the petit jury.

"(d) Upon motion filed under subsection (a), (b), or (c) of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party shall be entitled to present in support of such motion the testimony of the jury commission or clerk, if available, any relevant records and papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title.

"(e) The procedures prescribed by this section shall be the exclusive means by which a person accused of a Federal crime, the Attorney General of the United States or a party in a civil case may challenge any jury on the ground that such jury was not selected in conformity

82 STAT. 60

with the provisions of this title. Nothing in this section shall preclude Discrimination, any person or the United States from pursuing any other remedy, civil prohibition. or criminal, which may be available for the vindication or enforcement

of any law prohibiting discrimination on account of race, color,

religion, sex, national origin or economic status in the selection of

persons for service on grand or petit juries.

"(f) The contents of records or papers used by the jury commission Nondisclosure or clerk in connection with the jury selection process shall not be dis- of records or closed, except pursuant to the district court plan or as may be neces- papers. sary in the preparation or presentation of a motion under subsection (a), (b), or (c) of this section, until after the master jury wheel has been emptied and refilled pursuant to section 1863 (b) (4) of this title and all persons selected to serve as jurors before the master wheel was emptied have completed such service. The parties in a case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion. Any person who discloses the contents of any record or paper Penalty. in violation of this subsection may be fined not more than $1,000 or imprisoned not more than one year, or both.

❝g 1868. Maintenance and inspection of records

"After the master jury wheel is emptied and refilled pursuant to Availability section 1863 (b) (4) of this title, and after all persons selected to serve for four-year as jurors before the master wheel was emptied have completed such period, service, all records and papers compiled and maintained by the jury commission or clerk before the master wheel was emptied shall be preserved in the custody of the clerk for four years or for such longer period as may be ordered by a court, and shall be available for public inspection for the purpose of determining the validity of the selection

82 STAT. 61

79 Stat. 437. 42 USC 1473

note.

76A Stat. 1.

"§ 1869. Definitions

"For purposes of this chapter

"(a) clerk' and 'clerk of the court' shall mean the clerk of the district court of the United States or any authorized deputy clerk;

"(b) 'chief judge' shall mean the chief judge of any district court of the United States;

"(c) 'voter registration lists' shall mean the official records maintained by State or local election officials of persons registered to vote in either the most recent State or the most recent Federal general election, or, in the case of a State or political subdivision thereof that does not require registration as a prerequisite to voting, other official lists of persons qualified to vote in such election. The term shall also include the list of eligible voters maintained by any Federal examiner pursuant to the Voting Rights Act of 1965 where the names on such list have not been included on the official registration lists or other official lists maintained by the appropriate State or local officials. With respect to the districts of Guam and the Virgin Islands, 'voter registration lists' shall mean the official records maintained by territorial election officials of persons registered to vote in the most recent territorial general election;

"(d) lists of actual voters' shall mean the official lists of persons actually voting in either the most recent State or the most recent Federal general election;

"(e) 'division' shall mean: (1) one or more statutory divisions of a judicial district; or (2) in statutory divisions that contain more than one place of holding court, or in judicial districts where there are no statutory divisions, such counties, parishes, or similar political subdivisions surrounding the places where court is held as the district court plan shall determine: Provided, That each county, parish, or similar political subdivision shall be included in some such division;

"(f) 'district court of the United States', 'district court', and 'court' shall mean courts constituted under chapter 5 of title 28, United States Code, section 22 of the Organic Act of Guam, as amended (64 Stat. 389; 48 U.S.C. 1424), section 21 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1611), and section 1 of title 3, Canal Zone Code: Provided, That for purposes of sections 1861, 1862, 1866 (c) and (d), and 1867 of this chapter, these terms shall include the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia;

"(g) 'jury wheel' shall include any device or system similar in purpose or function, such as a properly programed electronic data processing system or device;

"(h) juror qualification form' shall mean a form_prescribed by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States, which shall elicit the name, address, age, education, length of residence within the judicial district, distance from residence to place of holding court, prior jury service, and citizenship of a potential juror, and whether he should be excused or exempted from jury service, has any physical or mental infirmity impairing his capacity to serve as juror, is able to read, write, speak and understand the English language, has pending against him any charge for the commission of a State or Federal criminal offense punishable by

any State or Federal court of record of a crime punishable by imprisonment for more than one year and has not had his civil rights restored by pardon or amnesty. The form shall request, but not require, the race and occupation of a potential juror and any other matter not inconsistent with the provisions of this title and required by the district court plan in the interests of the sound administration of justice. The form also shall elicit the sworn statement that his responses are true to the best of his knowledge. Notarization shall not be required. The form shall contain words clearly informing the person that the furnishing of any information with respect to his race, color, religion, national origin, economic status, or occupation is not a prerequisite to his qualification. for jury service, and that such information need not be furnished if the person finds it objectionable to do so;

"(i) 'public officer' shall mean a person who is either elected to public office or who is directly appointed by a person elected to public office."

FEES

82 STAT. 62

SEC. 102. (a) Section 1871 of title 28, United States Code, is 79 Stat. 645. amended by substituting "$20" for "$10" and "$25" for "$14" in the second paragraph, "$16" for "$10" in the third paragraph, and “$20” for "$10" in the fourth paragraph, and by substituting in the third paragraph "10 cents per mile, plus the amount expended for tolls, for toll roads, for toll tunnels, and for toll bridges" for "10 cents per mile" in the two instances such language occurs, and by adding at the end of that section a new paragraph as follows:

"Grand and petit jurors in the district courts for the districts of Guam and the Canal Zone shall receive the same fees and allowances provided in this section for grand and petit jurors in other district courts of the United States."

(b) Section 1821 of title 28, United States Code, is amended by 70 Stat. 798. substituting "$20" for "$1", "10 cents" for "8 cents", and "$16" for "88", and by adding at the end of that section a new paragraph as follows:

"Witnesses in the district courts for the districts of Canal Zone, Guam, and the Virgin Islands shall receive the same fees and allowances provided in this section for witnesses in other district courts of the United States."

AMENDMENT AND REPEAL

SEC. 103. (a) Sections 13-701, 11-2301 through 11-2305 (except the last paragraph of section 11-2302), 11-2307 through 11-2312 of

the District of Columbia Code, and section 2 of the Act entitled "An 77 Stat. 517, Act to increase the fee of jurors in condemnation proceedings instituted 505.

by the District of Columbia", approved July 30, 1951 (D.C. Code, sec.

7-213a), are repealed.

65 Stat. 126.

(b) Section 11-2306 of the District of Columbia Code is amended 77 Stat. 507. to read as follows:

"§ 11-2306. Manner of drawing

"(a) If the United States attorney for the District of Columbia certifies in writing to the chief judge of the district court, or, in his absence, to the presiding judge, that the exigencies of the public service require it, the judge may, in his discretion, order an additional grand jury summoned, which shall be drawn at such time as he designates. Unless sooner discharged by order of the chief judge, or, in his absence, the presiding judge, the additional grand jury shall

82 STAT. 63

33 Stat. 736.

77 Stat. 572.

41 Stat. 560.

76A Stat. 69, 308, 373, 516.

"(b) The jury commission for the United States District Court for the District of Columbia shall draw from the qualified jury wheel from time to time as may be required the names of persons to serve as jurors in the District of Columbia Court of General Sessions and the juvenile court of the District of Columbia, and such persons shall be assigned to jury panels in the Court of General Sessions and the juvenile court as those courts shall direct."

(c) Section 1608 (j) of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 7-318), is amended by deleting the following: "and five dollars per day for each juror for the services of each when actually employed".

(d) Section 16-1312 of the District of Columbia Code is amended by substituting "section 1865 of title 28, United States Code" for "Section 11-2301, and who, in addition, are owners of real property in the District" in subsection (a) (1), and by substituting "chapter 121 of title 28, United States Code" for "chapter 23 of title 11" in subsection (c).

(e) Section 16-1357 of the District of Columbia Code is amended by striking out the phrase "are real property owners in the District and". (f) Section 213 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-1414), is amended by inserting the words "or wheel" immediately following the word "box" each time it appears therein.

(g) Section 44 of the Act of March 2, 1917, to provide a civil government for Puerto Rico (39 Stat. 966; 48 U.S.C. 867) and sections 471 and 472 (b) of title 3, sections 452, 453, and 2562(a) of title 5, and sections 4093 through 4106 and 4108 through 4117 of title 6, Canal Zone Code, are repealed. Subsection (b) of section 2562 of title 5, Canal Zone Code, is redesignated as subsection (a) and amended by substituting "$10” for "$2" and "section 1821, title 28, United States Code" for "subsection (a) of this section". Subsections (c) and (d) of section 2562 of title 5, Canal Zone Code, are redesignated as subsections (b) and (c) thereof.

EFFECTIVE DATE

SEC. 104. This Act shall become effective two hundred and seventy days after the date of enactment: Provided, That this Act shall not apply in any case in which an indictment has been returned or petit jury empaneled prior to such effective date.

Approved March 27, 1968.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1076 (Comm. on the Judiciary).
SENATE REPORT No. 891 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:

Vol. 113 (1967):
Vol. 114 (1968):

Deo. 8, considered and passed Senate.
Feb. 26, considered and passed House, amended.

90th Congress, H. R. 2516
April 11, 1968

An Act

To prescribe penalties for certain acts of violence or intimidation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

TITLE I-INTERFERENCE WITH FEDERALLY
PROTECTED ACTIVITIES

Civil rights.

SEC. 101. (a) That chapter 13, civil rights, title 18, United States Code, is amended by inserting immediately at the end thereof the fol- 62 Stat. 696. lowing new section, to read as follows:

❝g 245. Federally protected activities

"(a) (1) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law. No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or the Deputy Attorney General that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.

"(2) Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

"(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with

"(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— "(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;

(B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

"(C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;

"(D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;

"(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or "(2) any person because of his race, color, religion or national origin and because he is or has been

18 USC 241-244.

82 STAT. 73

“(A) enrolling in or attending any public school or public 82 STAT. 74 college;

"(B) participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;

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