Page:United States Statutes at Large Volume 98 Part 2.djvu/823

This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1983

"(2) he knowingly fails to surrender for service of sentence pursuant to a court order. "(b) GRADING.—If the person was released— "(1) in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction, for— "(A) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both; "(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or imprisoned for not more than five years, or both; "(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or "(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or "(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense. "(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense to a

prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances cesised to exist. "(d) DECLARATION OF FORFEITURE.—If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to section 3142(b) or is subject to the release condition set forth in section 3142(c)(2)(K) or (c)(2)(L), the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the United States. "§ 3147. Penalty for an offense committed while on release 18 USC 3147. "A person convicted of an offense committed while released pursuant to this chapter shall be sentenced, in addition to the sentence prescribed for the offense to— "(1) a term of imprisonment of not less than two years and not more than ten years if the offense is a felony; or "(2) a term of imprisonment of not less than ninety days and not more than one year if the offense is a misdemeanor. A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment. "§ 3148. Sanctions for violation of a release condition 18 USC 3148. "(a) AVAILABLE SANCTIONS.—A person who has been released pursuant to the provisions of section 3142, and who has violated a condition of his releeise, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court. "(b) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by