Page:United States Statutes at Large Volume 98 Part 2.djvu/878

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2038

PUBLIC LAW 98-473—OCT. 12, 1984

enforced by execution against the property of the person fined in like manner as judgments in civil cases. "(f) DISCHARGE OF DEBTS INAPPLICABLE.—No discharge of debts pursuant to a bankruptcy proceeding shall render a lien under this section unenforceable or discharge liability to pay a fine. 18 USC 3597.

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18 USC 3598.

"§ 3597. Resentencing upon failure to pay a fine "(a) RESENTENCING.—Subject to the provisions of subsection (b), if a person knowingly fails to pay a delinquent fine the court may resentence the person to any sentence which might originally have been imposed. "(b) IMPRISONMENT.—The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that' l l) the person willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or "(2) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence. "§ 3598. Statute of limitations "(a) LIABILITY To PAY A FINE EXPIRES.—

50 USC app. 573. 18 USC 3599. M V .

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"(1) twenty years after the entry of the judgment; "(2) upon the death of the person fined. "(b) The period set forth in subsection (a) may be extended, prior to its expiration, by a written agreement between the person fined and the Attorney General. The running of the period set forth in subsection (a) is suspended during any interval for which the running of the period of limitations for collection of a tax would be suspended pursuant to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I) of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(l)(I)), or section 513 of the Act of October 17, 1940 (54 Stat. 1190). "§ 3599. Criminal default "Whoever, having been sentenced to pay a fine, willfully fails to pay the fine, shall be fined not more than twice the amount of the unpaid balance of the fine or $10,000, whichever is greater, imprisoned not more than one year, or both.". (b) Section 3651 of title 18, United States Code, is amended by inserting after "May be required to provide for the support of any persons, for whose support he is legally responsible." the following new paragraph: "If the court has imposed and ordered execution of a fine and placed the defendant on probation, payment of the fine or adherence to the court-established installment schedule shall be a condition of the probation.". (c) Section 3651 of title 18, United States Code, is amended by striking out the last paragraph and inserting in lieu thereof the following: "The defendant's liability for any unexecuted fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation.". (d) The second paragraph of section 3655 of title 18, United States Code, is amended to read as follows: