Venue Named Under Exception Act
Venue Named Under Exception Act (VENUE Act) would add a new special venue rule to chapter 211 of title 18, United States Code. It covers offenses committed in the National Capital Region (NCR) on property controlled by the Federal Government and sets where such cases may be filed and how venue may be changed. By default, indictments or informations for these offenses would be filed in the district of the offender’s last known residence (or a joint offender’s residence), or, if no residence is known, in the District of Columbia. The bill also allows a defendant to seek transfer to the district that encompasses their domicile, with rules on multi-defendant transfers and a prohibition on transfers by defendants domiciled outside the United States. The NCR is specifically defined to include DC, portions of Maryland and Virginia surrounding DC, and any government property within those areas (excluding USPS properties). The provision applies to offenses not already governed by a set of other venue provisions and to cases that have not yet been scheduled for trial as of enactment. The act would add a new section (3245) to chapter 211 and update the table of sections accordingly. In short, the VENUE Act creates a narrow, location-based set of rules for where certain federal offenses in the NCR on federal property may be prosecuted and gives defendants a mechanism to request transfer to their home district, with some limitations and sequencing rules.
Key Points
- 1Indictment/information location for NCR offenses on federal property: By default, filed in the district of the offender’s last known residence (or a co-defendant’s residence). If no residence is known, filing may occur in the District of Columbia.
- 2Right to transfer to domicile district: A defendant may move for transfer to the district where they are domiciled; the court must grant upon such motion.
- 3First-come rule for multiple defendants: If more than one defendant seeks transfer, the court grants the transfer motion of the defendant who filed first.
- 4Non-US residents cannot file a transfer: Defendants not domiciled in the United States are not permitted to file a transfer motion under this provision.
- 5Definition of the National Capital Region and applicable property: NCR includes DC, specific counties in Maryland and Virginia, and all cities/units within those areas. “Property under the control of the Federal Government” means federal-owned or leased property (excluding USPS property).
- 6Scope and timing: Applies to offenses for which a trial has not yet been scheduled as of enactment; limited to offenses not subject to certain other venue provisions listed in the bill (sections 3235-3244).
- 7Clerical update: Adds a new section 3245 to chapter 211 and updates the table of sections accordingly.