Page:United States Statutes at Large Volume 98 Part 3.djvu/764

 98 STAT. 3136

PUBLIC LAW 98-596—OCT. 30, 1984

exceeds $500. Upon request of the defendant, the clerk shall furnish to the defendant a certified copy of the notice. "(h) The obligation to pay a fine or penalty ceases upon the death of the defendant or the expiration of twenty years after the date of the entry of the judgment, whichever occurs earlier. The defendant and the Attorney General may agree in writing to extend such twenty-year period.". SEC. 3. Section 3569 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking out "(a)" at the beginning of the subsection; and (B) by striking out "thirty days" in the sentence beginning "When a poor"; and (2) by striking out subsection (b). SEC. 4. Section 3651 of title 18, United States Code, is amended in the paragraph beginning "The defendant's"— (1) by striking out "fine or other punishment" and inserting in lieu thereof "punishment (other than a fine)"; and (2) by adding at the end the following new sentence: "If at the end of the period of probation, the defendant has not complied with a condition of probation, the court may nevertheless terminate proceedings against the defendant, but no such termination shall affect the defendant's obligation to pay a fine imposed or made a condition of probation, and such fine shall be collected in the manner provided in section 3565 of this title.". SEC. 5. Section 3655 of title 18, United States Code, is amended by inserting after the paragraph beginning "He shall keep records" the following new paragraph: "He shall report to the court any failure of a probationer under his supervision to pay an amount due as a fine or as restitution.". SEC. 6. (a) Chapter 229 of title 18, United States Code, is amended by adding at the end the following new sections: 18 USC 3621.

"§ 3621. Criminal default on fine "(a) Whoever, having been sentenced to pay a fine or penalty, willfully does not pay an amount due— "(1) in the case of an individual, shall be fined not more than the greater of $100,000 or twice the unpaid balance of the fine or penalty, or imprisoned not more than one year, or both; and "(2) in the case of a person other than an individual, shall be fined not more than the greater of $250,000 or twice the unpaid balance of the fine or penalty. "(b) It is a defense to a prosecution under subsection (a)(1) of this section that the individual was unable to make the payment because of such individual's responsibility to provide necessities for such individual or other individuals financially dependent upon such individual. The defendant has the burden of establishing the defense under this subsection by a preponderance of the evidence.

18 USC 3622.

"§ 3622. Factors relating to imposition of fines "(a) In determining whether to impose a fine and the amount of a fine, the court shall consider, in addition to other relevant factors— "(1) the nature and circumstances of the offense; "(2) the history and characteristics of the defendant; "(3) the defendant's income, earning capacity, and financial resources;

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