5503(b) Change "3 months" to "six weeks". 5507 (b) Change "90 days" to "three weeks" and add the following: "At the expiration of this period, a new telegraphic 5508 request from the same authority, regarding the same person, shall not be honored. 11 Amend "and upon proof made that reasonable notice of the intention to make such application has been given to the Secretary of State, may" to read "shall". 5510 Change "proof" to "evidence". 5512 Delete all after "...and for a reasonable time thereafter". 5546(b) Error: "4205" appears to mean "4704". 5547(b)(4) Amend to read "Such offender's consent to transfer, once he has departed from the United States, is irrevocable." (e) Add "The court shall also keep a journal of the proceedings". 5703 The courts, and not the Attorney General, should issue such orders. This is excessive power for an Attorney General who already has other excessive powers. 5704 (c) After"Attorney General" add "and for good cause shown". Amend "shall" to read "may". 5705 Delete "the Subversive Activities Control Board". It is long past the time to remove any vestige of power from that body. 5906 Refers to section 2743, previously objected to in its entirety. 6103(a) Delete "with critical stages of the proceedings". As written, this phrase allows excessive discretion to the magistrate to determine what is critical. 6105 Delete "Except in extraordinary circumstances". Failure to do so gives excessive discretion to the court in the determination of what is extraordinary, and in any case results in the possibility of double jeopardy. 6107(a)(1) Add "or from the juvenile or his attorney". (b)(2) Add "unless the juvenile had been adjudicated a juvenile delinquent in a separate, earlier proceeding". 6121-6129 The entire subchapter is inadequate for its failure to and incompetence during the commission of the alleged 6122 Add a new subsection (e) as follows: "Nothing in this section shall be construed to prevent the 6123(a)(2) Change "excluding" to "including". (3) 90-231 - 82 -- 28 6124 (a) The rules proposed here are admirable, and they should (a) (4) Add, "provided, however, that in no event shall such (e)(1)(A) Change the periods to 30 and 45 days, respectively. 6126(a) Such a board should include qualified mental health examiners from private practice or who are not employed by any custodial institution, so as to provide a more balanced, realistic, and fair appraisal. 6128 (a) At the end of the last sentence, add, "and which, if untreated, is likely to cause that person to pose a physical danger to any person. 6306 This section is objectionable in allowing preventive detention as well as variations thereof in the form of conditions of release pending trial. The presumption of innocence is a fundamental right and is not to be lightly denied. The just and fair solution to the problem is to procced as rapidly as possible to trial. 6331-6334 These sections are objectionable in that the pretrial services agencies seem to be for the purpose of administering the preventive detention (and variations thereof) objected to in section 6306. 6504 Add "Unless the warrant grants specific authority to do so, the officer shall not enter without first requesting admittance and then giving warning if admittance is not granted". 6512(c)(2) Error: "purasuant" presumably means "pursuant". (a) This subsection is objectionable in that it requires certain persons to assist in invasions of the privacy of others. 6514(a)(1) Error: "the editing" presumably means "editing". (b) (2) Amend to read: "The court, upon the filing of a motion by a person upon whom the notice is served, shall make available for inspection by such person or such person's counsel the contents of an intercepted private oral communication, the evidence derived from such contents, the application, or the order." 6515(c)(1) Add: "Such use or disclosure shall be only in connection with the matter in relation to which the authorization or approval was granted". 6515 (c) (2) This is highly objectionable. It serves as a "back door" through which unconstitutionally-obtained confidential information may be used. (e) (1) In the last sentence, delete all after "alleged unlaw- (3) Change "may" to "shall". Delete "any portion of". Delete 6543 (b) (2) Same objection as in 6512. 6901(b) In the last sentence, change "30 days" to "15 days". (d) (2) Change "180 days" to "100 days". (f)(5) This paragraph should be deleted because it gives an excuse to prolong imprisonment without trial, essentially at will and to an indefinite time. (6) Same objection as in (5) above. (7) After"delay" add "not to exceed 30 days". The phrase "if the granting judge finds that the ends delay while fabricating a false case against the defendant. 6902(a)(1) Amend "the seriousness of the offense" to read "the seriousness of the alleged offense". (b) This subsection should be deleted. It serves to discourage attorneys on both sides from acting vigorously in performance of all duties. It gives excessive power to intemperate or partial judges and magistrates. 7301 At the beginning add, "Unless satisfactorily explained, ". 7308 Any confession made in custody in the absence of counsel should inadmissible and assumed to be coerced. Even when physical or mental abuse is not employed, the mere presence of law-enforcement officers is always implicitly threatening. 7308 (a) Delete "relevant" and replace by "all". 7311(a) (3) Delete. (b) Error: In the first line, it appears that the word "in- 8101 (c) (20) Delete: Depends upon section 2743, previously objected to in its entirety. 8103(e) After "destroyed" insert "after trial or other disposition of the charges". 8111(a) This subsection is objectionable because the sanctions imposed appear to be applicable to anyone, and not only to someone convicted of a racketeering offense. It is an oppressive and overbearing power for any government to be able to exercise without first obtaining a conviction. 8114 Amend to read "In any proceeding ancillary to or in any civil action under this subchapter the proceedings shall be open to the public". 8115 This section should be deleted. It seems too likely to set a precedent and to propagate into other areas of law, involving 8121(a) Add a new paragraph (4) as follows: (4) a license required to practice a profession or to engage in other activity that is subject to licensing;" 8301(b) At the end, add "and did not violate the terms thereof or the applicable provisions of law". Re-Enactement of Certain Portions of Former Title 18 211(a)(3) Freedom of speech applies everywhere in the United States and does not end at a perimeter drawn 100 feet outside the embassy of a foreign government. Amend by deleting. "within 100 feet and replacing with "in the entrance". (c) Add "Any peaceable demonstration, parade, picketing, speech, meeting, rally, or other similar activity shall not be deemed to constitute intimidation, coercion, or harassment, nor shall it be deemed an attempt to intimidate, coerce, or harass, regardless of the number of participants. 331-335 Emblems, badges, flags, and uniforms are means of identification and should no longer be regarded as sacrosanct. Therefore, reduce all offenses to infractions. 361(1) (line 16 on page 366) Delete "or in case of national 362 (a) Make a class A felony and remove the death penalty. 363(a) (last line) Delete "or such other action as he may deem (b) Reduce to a class C misdemeanor. 364 Reduce to a class C misdemeanor. 365 Unconstitutional. 366(a) After "information" add "to which he has been authorized to have access 11 391 This section is not necessary inasmuch as its purpose is effectuated in new title 18 by numerous provisions relating to fraud, false statements, perjury, and so on. 392, 393 Reduce to infractions. 402(g) (3) Delete the reference to marihuana. 414(a) Reduce to an infraction. 421 This section is unnecessary and very unconstitutional. It is reminiscent of the ancient practice of punishing the bearer of bad news. 422 Reduce to a class C misdemeanor. 474 Delete "information concerning". Without the deletion, this section is clearly unconstitutional. 481 Unconstitutional. 491 Reduce to an infraction. 504 In view of the inadequate performance of the Postal Service, this section is somewhat unreasonable. 511 Reduce to an infraction. 512 Reduce to a class C misdemeanor, 516(h) Delete. This is really too petty to be the subject of a criminal law. (1) Reduce to an infraction. 521 This section may be counter-productive. If the master does not wish to convey the mail, there is very little to prevent him from abandoning it en route. 528 Delete. 542 (a)(2) Delete orderly" in both places in which it appears. Insert "significantly" in front of "impede" and in front of "Impedes". (b) Reduce to an infraction. |