18 U.S.C. § 3147 — Penalty for an offense committed while on

Page 724 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3147 (iv) a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and (B) if the person was released for appearance as a material witness, a fine under this chap- ter or imprisonment for not more than one year, or both. (2) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense. (c) AFFIRMATIVE DEFENSE.—It is an affirma- tive defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the cre- ation of such circumstances in reckless dis- regard of the requirement to appear or sur- render, and that the person appeared or surren- dered as soon as such circumstances ceased to exist. (d) DECLARATION OF FORFEITURE.—If a person fails to appear before a court as required, and the person executed an appearance bond pursu- ant to section 3142(b) of this title or is subject to the release condition set forth in clause (xi) or (xii) of section 3142(c)(1)(B) of this title, the judi- cial officer may, regardless of whether the per- son has been charged with an offense under this section, declare any property designated pursu- ant to that section to be forfeited to the United States. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(f), Nov. 10, 1986, 100 Stat. 3609; Pub. L. 103–322, title XXXIII, § 330016(2)(K), Sept. 13, 1994, 108 Stat. 2148; Pub. L. 104–294, title VI, § 601(a)(4), Oct. 11, 1996, 110 Stat. 3498.) Editorial Notes PRIOR PROVISIONS A prior section 3146, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 214; amended Pub. L. 97–291, § 8, Oct. 12, 1982, 96 Stat. 1257, related to release in noncapital cases prior to trial, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. Another prior section 3146, act Aug. 20, 1954, ch. 772, § 1, 68 Stat. 747, which prescribed penalties for jumping bail, was repealed by Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 214, and covered by former sections 3150 and 3151 of this title. AMENDMENTS 1996—Subsec. (b)(1)(A)(iv). Pub. L. 104–294 substituted ‘‘a fine under this title’’ for ‘‘a fined under this title’’. 1994—Subsec. (b)(1)(A)(iv). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fine under this chapter’’. 1986—Subsec. (a). Pub. L. 99–646, § 55(f)(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘A person commits an offense if, after having been released pursuant to this chapter— ‘‘(1) he knowingly fails to appear before a court as required by the conditions of his release; or ‘‘(2) he knowingly fails to surrender for service of sentence pursuant to a court order.’’ Subsec. (b). Pub. L. 99–646, § 55(f)(1), added subsec. (b) and struck out former subsec. (b) which was captioned ‘‘Grading’’, and which read as follows: ‘‘If the person was released— ‘‘(1) in connection with a charge of, or while await- ing sentence, surrender for service of sentence, or ap- peal or certiorari after conviction, for— ‘‘(A) an offense punishable by death, life impris- onment, or imprisonment for a term of fifteen years or more, he shall be fined not more than $25,000 or imprisoned for not more than ten years, or both; ‘‘(B) an offense punishable by imprisonment for a term of five or more years, but less than fifteen years, he shall be fined not more than $10,000 or im- prisoned for not more than five years, or both; ‘‘(C) any other felony, he shall be fined not more than $5,000 or imprisoned for not more than two years, or both; or ‘‘(D) a misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both; or ‘‘(2) for appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both. A term of imprisonment imposed pursuant to this sec- tion shall be consecutive to the sentence of imprison- ment for any other offense.’’ Subsec. (c). Pub. L. 99–646, § 55(f)(2), substituted ‘‘re- quirement to appear’’ for ‘‘requirement that he appear’’ and ‘‘the person appeared’’ for ‘‘he appeared’’. Subsec. (d). Pub. L. 99–646, § 55(f)(3), inserted ‘‘of this title’’ after ‘‘3142(b)’’ and substituted ‘‘clause (xi) or (xii) of section 3142(c)(1)(B) of this title’’ for ‘‘section 3142(c)(2)(K) or (c)(2)(L)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title. § 3147. Penalty for an offense committed while on release A person convicted of an offense committed while released under this chapter shall be sen- tenced, in addition to the sentence prescribed for the offense, to— (1) a term of imprisonment of not more than ten years if the offense is a felony; or (2) a term of imprisonment of not more than one year if the offense is a misdemeanor. A term of imprisonment imposed under this sec- tion shall be consecutive to any other sentence of imprisonment. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1983; amended Pub. L. 98–473, title II, § 223(g), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99–646, § 55(g), Nov. 10, 1986, 100 Stat. 3610.) Editorial Notes PRIOR PROVISIONS A prior section 3147, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 215, related to appeals from conditions of release, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. AMENDMENTS 1986—Pub. L. 99–646 substituted ‘‘under’’ for ‘‘pursu- ant to’’ in two places and ‘‘for the offense,’’ for ‘‘for the offense’’. 1984—Pub. L. 98–473, § 223(g), struck out ‘‘not less than two years and’’ after ‘‘imprisonment of’’ in par. (1), and ‘‘not less than ninety days and’’ after ‘‘imprisonment of’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title. Page 725 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3150 EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 3148. Sanctions for violation of a release condi- tion (a) AVAILABLE SANCTIONS.—A person who has been released under section 3142 of this title, and who has violated a condition of his release, is subject to a revocation of release, an order of de- tention, and a prosecution for contempt of court. (b) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a mo- tion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s ar- rest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of re- lease, shall be brought before the judicial officer who ordered the release and whose order is al- leged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— (1) finds that there is— (A) probable cause to believe that the per- son has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2) finds that— (A) based on the factors set forth in sec- tion 3142(g) of this title, there is no condi- tion or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or (B) the person is unlikely to abide by any condition or combination of conditions of re- lease. If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of con- ditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the commu- nity, and that the person will abide by such con- ditions, the judicial officer shall treat the per- son in accordance with the provisions of section 3142 of this title and may amend the conditions of release accordingly. (c) PROSECUTION FOR CONTEMPT.—The judicial officer may commence a prosecution for con- tempt, under section 401 of this title, if the per- son has violated a condition of release. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1983; amended Pub. L. 99–646, § 55(a), (h), Nov. 10, 1986, 100 Stat. 3607, 3610.) Editorial Notes PRIOR PROVISIONS A prior section 3148, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 215; amended Pub. L. 91–452, title X, § 1002, Oct. 12, 1970, 84 Stat. 952, related to release in capital cases or after conviction, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–646, § 55(a), (h)(1), sub- stituted ‘‘under section 3142 of this title’’ for ‘‘pursuant to the provisions of section 3142’’. Subsec. (b). Pub. L. 99–646, § 55(h)(2), in introductory provision, substituted ‘‘such person’s arrest’’ for ‘‘his arrest’’, ‘‘condition of release that such person not commit’’ for ‘‘condition of his release that he not com- mit’’, and ‘‘period of release,’’ for ‘‘period of release’’, in par. (1)(B) substituted ‘‘condition of release’’ for ‘‘condition of his release’’, in par. (2)(A) inserted ‘‘of this title’’ after ‘‘section 3142(g)’’, and in concluding provision, substituted ‘‘the judicial officer shall’’ for ‘‘he shall’’ and inserted ‘‘of this title’’ after ‘‘section 3142’’. Subsec. (c). Pub. L. 99–646, § 55(a), (h)(3), substituted ‘‘judicial officer’’ for ‘‘judge’’, ‘‘under section 401 of this title’’ for ‘‘pursuant to the provisions of section 401’’, and ‘‘condition of release’’ for ‘‘condition of his re- lease’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title. § 3149. Surrender of an offender by a surety A person charged with an offense, who is re- leased upon the execution of an appearance bond with a surety, may be arrested by the surety, and if so arrested, shall be delivered promptly to a United States marshal and brought before a judicial officer. The judicial officer shall deter- mine in accordance with the provisions of sec- tion 3148(b) whether to revoke the release of the person, and may absolve the surety of responsi- bility to pay all or part of the bond in accord- ance with the provisions of Rule 46 of the Fed- eral Rules of Criminal Procedure. The person so committed shall be held in official detention until released pursuant to this chapter or an- other provision of law. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1984.) Editorial Notes PRIOR PROVISIONS A prior section 3149, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 216, related to release of material wit- nesses, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. § 3150. Applicability to a case removed from a State court The provisions of this chapter apply to a criminal case removed to a Federal court from a State court.