Page:United States Statutes at Large Volume 102 Part 5.djvu/401

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4407

SEC. 7081. TIME FOR REFILING INDICTMENT OR INFORMATION FOLLOWING DISMISSAL. (a) INDICTMENT WHERE DEFECT FOUND AFTER PERIOD OF LIMITA-

TIONS.—Section 3288 of title 18, United States Code, is amended— (1) by inserting after "within six calendar months of the date of the dismissal of the indictment or information" the following: ", or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final"; (2) by striking all beginning with "Whenever" through "for any cause," and inserting "Whenever an indictment or information charging a felony is dismissed for any reason"; (3) by adding at the end thereof the following: "This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution."; and (4) so that the section heading reads as follows: limitations" OJ) INDICTMENT WHERE DEFECT FOUND BEFORE PERIOD OF LIMITA-
 * '§3288. Indictments and information dismissed after period of

TIONS.—Section 3289 of title 18, United States Code, is amended— (1) by inserting after "within six calendar months of the date of the dismissal of the indictment or information" the following: "or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final"; (2) by striking all beginning with "Whenever" through "for any cause," and inserting "Whenever an indictment or information charging a felony is dismissed for any reason"; (3) by adding at the end thereof the following: "This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution."; and (4) so that the section heading reads as follows: "§3289. Indictments and information dismissed before period of limitations". (c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by striking the items for sections 3288 and 3289 and inserting the following: "3288. Indictments and information dismissed after period of limitations. "3289. Indictments and information dismissed before period of limitations.". SEC. 7082. CRIMINAL FINES AMENDMENTS. (a) APPLICATION OF GOVERNMENT PETITION FOR MODIFICATION OR REMISSION OF FINES TO OLD FINES.—Section 3573 of title 18, United

States Code, is amended by adding at the end thereof the following: "This section shall apply to all fines and assessments irrespective of the date of imposition.. (b) APPLICATION OF STATUTE OP LIMITATIONS FOR SPECIAL ASSESSMENTS TO OLD ASSESSMENTS.—Section 3013(c) of title 18, United

States Code, is amended by adding at the end thereof the following: "This subsection shall apply to all assessments irrespective of the date of imposition.".

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