Page:United States Statutes at Large Volume 101 Part 2.djvu/296

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1282

PUBLIC LAW 100-185—DEC. 11, 1987

organization, unless the court finds that such payment is expressly permissible under applicable State law. "(g) SECURITY FOR STAYED FINE.—If a sentence imposing a fine is stayed, the court shall, absent exceptional circumstances (as determined by the court)— "(1) require the defendant to deposit, in the registry of the district court, any amount of the fine that is due; "(2) require the defendant to provide a bond or other security to ensure payment of the fine; or "(3) restrain the defendant from transferring or dissipating assets. "(h) DELINQUENCY.—A fine is delinquent if a payment is more than 30 days late. "(i) DEFAULT.—A fine is in default if a payment is delinquent for more than 90 days. When a fine is in default, the entire amount of the fine is due within 30 days after notification of the default, notwithstanding any installment schedule.". SEC. 8. REVISION OF MODIFICATION OR REMISSION PROVISION.

(a) OFFENSE.—Section 3573 of title 18, United States Code, is amended to read as follows: "§ 3573. Petition of the Government for modification or remission "Upon petition of the Government showing that reasonable efforts to collect a fine or assessment are not likely to be effective, the court may, in the interest of justice— "(1) remit all or part of the unpaid portion of the fine or special assessment, including interest and penalties; "(2) defer payment of the fine or special assessment to a date certain or pursuant to an installment schedule; or "(3) extend a date certain or an installment schedule previously ordered. A petition under this subsection shall be filed in the court in which sentence was originally imposed, unless the court transfers jurisdiction to another court.". (b) TECHNICAL AMENDMENT.—The table of sections for subchapter C of chapter 227 of title 18, United States Code, is amended by striking out the item for section 3573 and insert in lieu thereof the following: "3573. Petition of the Government for modification or revision.". 18 USC 3611

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SEC. 9. RECEIPT OF FINES—INTERIM PROVISIONS. (a) NOVEMBER 1, 1987, TO APRIL 30, 1988.—Notwithstanding sec-

tion 3611 of title 18, United States Code, a person who, during the period beginning on November 1, 1987, and ending on April 30, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment (including any interest or penalty) to the clerk of the court, with respect to an offense committed on or before December 31, 1984, and to the Attorney General, with respect to an offense committed after December 31, 1984. (b) MAY 1, 1988, TO OCTOBER 31, 1988.—(1) Notwithstanding section 3611 of title 18, United States Code, a person who during the period beginning on May 1, 1988, and ending on October 31, 1988, is sentenced to pay a fine or assessment shall pay the fine or assessment in accordance with this subsection. (2) In a case initiated by citation or violation notice, such person shall pay the fine or assessment (including any interest or penalty),