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Code · BILL · 116th Congress · H.R. 51 (Placed on Calendar Senate) — To provide for the admission of the State of Washington, D.C. into the Union. · Sec. 312

Sec. 312. Prosecutions

408 words·~2 min read·/bill/116/hr/51/pcs/section-312

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In accordance with subchapter VI of chapter 33 of title 5, United States Code, the Attorney General, with the concurrence of the District of Columbia or the State (as the case may be), shall provide for the assignment of assistant United States attorneys to the State to carry out the functions described in subsection (b). In accordance with section 3373 of title 5, United States Code— an assistant United States attorney who is assigned to the State under this section shall be deemed under subsection
(a)of such section to be on detail to a regular work assignment in the Department of Justice; and the assignment of an assistant United States attorney to the State under this section shall be made without reimbursement by the State of the pay of the attorney or any related expenses. The functions described in this subsection are criminal prosecutions conducted in the name of the State which would have been conducted in the name of the United States by the United States attorney for the District of Columbia or his or her assistants, as provided under section 23–101(c), District of Columbia Official Code, but for the admission of the State into the Union. The number of assistant United States attorneys who are assigned under this section may not be less than the number of assistant United States attorneys whose principal duties as of the day before the date of the admission of the State into the Union were to conduct criminal prosecutions in the name of the United States under section 23–101(c), District of Columbia Official Code. The obligation of the Attorney General to provide for the assignment of assistant United States attorneys under this section shall terminate upon written certification by the State to the President that the State has appointed attorneys of the State to carry out the functions described in subsection (b). Effective upon the admission of the State into the Union, the authority to grant clemency for offenses against the District of Columbia or the State shall be exercised by such person or persons, and under such terms and conditions, as provided by the State Constitution and the laws of the State, without regard to whether the prosecution for the offense was conducted by the District of Columbia, the State, or the United States. In this subsection, the term clemency means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty.
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