Page:United States Statutes at Large Volume 98 Part 2.djvu/837

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 1997

"(h) STAY OF FINE PENDING APPEALS.—Unless exceptional circumstances exist, if a sentence to pay a fine is stayed pending appeal, the court granting the stay shall include in such stay— "(1) a requirement that the defendant, pending appeal, to deposit the entire fine amount, or the amount due under an installment schedule, during the pendency of an appeal, in an escrow account in the registry of the district court, or to give bond for the payment thereof; or "(2) an order restraining the defendant from transferring or dissipating assets found to be sufficient, if sold, to meet the defendant s fine obligation. "(i) DELINQUENT FINE.—A fine is delinquent if any portion of such fine is not paid within thirty days of when it is due, including any fines to be paid pursuant to an installment schedule. "(j) DEFAULT.—A fine is in default if any portion of such fine is more than ninety days delinquent. When a criminal fine is in default, the entire amount is due with thirty days of notification of the default, notwithstanding any installment schedule. "§ 3573. Modification or remission of fine

18 USC 3573.

"(a) PETITION FOR MODIFICATION OR REMISSION.—A defendant who

has been sentenced to pay a fine, and who— "(1) can show a good faith effort to comply with the terms of the sentence and concerning whom the circumstances no longer exist that warranted the imposition of the fine in the amount imposed or payment by the installment schedule, may at any time petition the court for— "(A) an extension of the installment schedule, not to exceed two years except in case of incarceration or special circumstances; or "(B) a remission of all or part of the unpaid portion including interest and penalties; or "(2) has voluntarily made restitution or reparation to the victim of the offense, may at any time petition the court for a remission of the unpaid portion of the fine in an amount not exceeding the amount of such restitution or reparation. Any petition filed pursuant to this subsection shall be filed in the court in which sentence was originally imposed, unless that court transfers jurisdiction to another court. The petitioner shall notify the Attorney General that the petition has been filed within ten working days after filing. For the purposes of clause (1), unless exceptional circumstances exist, a person may be considered to have made a good faith effort to comply with the terms of the sentence only after payment of a reeisonable portion of the fine. "(b) ORDER OF MODIFICATION OR REMISSION.—If, after the filing of a petition as provided in subsection (a), the court finds that the circumstances warrant relief, the court may enter an appropriate order, in which case it shall provide the Attorney General with a copy of such order. "§ 3574. Implementation of a sentence of fine "The implementation of a sentence to pay a fine is governed by the provisions of subchapter B of chapter 229.

18 USC 3574. Post, p. 2004.