Page:United States Statutes at Large Volume 98 Part 2.djvu/874

 98 STAT. 2034

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Post, p 3139

18 USC 3591.

PUBLIC LAW 98-473—OCT. 12, 1984

(B) specify, and demonstrate compliance with, an installment schedule established by a court before enactment of the amendments made by this Act, specifying the dates on which designated partial payments will be made; or (C) establish with the concurrence of the Attorney General, a new installment schedule of a duration not exceeding two years, except in special circumstances, and specifying the dates on which designated partial payments will be made. (2) This subsection shall not apply in cases in which— (A) the Attorney General believes the likelihood of collection is remote; or (B) criminal fines have been stayed pending appeal. (b) The Attorney General shall, within one hundred and eighty days after the effective date of this Act, declare all fines for which this obligation is unfulfilled to be in criminal default, subject to the civil and criminal remedies established by amendments made by this Act. No interest or monetary penalties shall be charged on any fines subject to this section. (c) Not later than one year following the effective date of this Act, the Attorney General shall include in the annual crime report steps taken to implement this Act and the progress achieved in criminal fine collection, including collection data for each judicial district. SEC. 238. (a) Title 18 of the United States Code is amended by adding the following new chapter after chapter 227: "CHAPTER 228—IMPOSITION, PAYMENT, AND COLLECTION OF FINES "Sec. "3591. Imposition of a fine. "3592. Payment of a fine, delinquency and default. "3593. Modification or remission of fine. "3594. Certification and notification. "3595. Interest, monetary penalties for delinquency, and default. "3596. Civil remedies for satisfaction of an unpaid fine. "3597. Resentencing upon failure to pay a fine. "3598. Statute of limitations. "3599. Criminal default.

"§ 3591. Imposition of a fine "(a) FACTORS TO B E CONSIDERED IN IMPOSING A FINE.—The court, in determining whether to impose a fine, the amount of any fine, the time for payment, and the method of payment, shall consider— "(1) the ability of the defendant to pay the fine in view of the income of the defendant, earning capacity and financial resources, and, if the defendant is an organization, the size of the organization; "(2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent on the defendant, relative to the burden which alternative punishments would impose; ' "(3) any restitution or reparation made by the defendant in connection with the offense and any obligation imposed upon the defendant to make such restitution or reparation; "(4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsible for the offense or to ensure against a recurrence of such an offense; and

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