Notes on 18 U.S.C. § 3146 : US Code - Notes

Search Notes on 18 U.S.C. § 3146 : US Code - Notes

(Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
Stat. 1982; amended Pub. L. 99-646, Sec. 55(f), Nov. 10, 1986, 100
Stat. 3609; Pub. L. 103-322, title XXXIII, Sec. 330016(2)(K), Sept.
13, 1994, 108 Stat. 2148; Pub. L. 104-294, title VI, Sec.
601(a)(4), Oct. 11, 1996, 110 Stat. 3498.)
PRIOR PROVISIONS
A prior section 3146, added Pub. L. 89-465, Sec. 3(a), June 22,
1966, 80 Stat. 214; amended Pub. L. 97-291, Sec. 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, Sec. 1,
68 Stat. 747, which prescribed penalties for jumping bail, was
repealed by Pub. L. 89-465, Sec. 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, Sec. 55(f)(1), added subsec.
(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, Sec. 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 awaiting
sentence, surrender for service of sentence, or appeal or
certiorari after conviction, for -
"(A) an offense punishable by death, life imprisonment, 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 imprisoned 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 section shall be
consecutive to the sentence of imprisonment for any other offense."
Subsec. (c). Pub. L. 99-646, Sec. 55(f)(2), substituted
"requirement to appear" for "requirement that he appear" and "the
person appeared" for "he appeared".
Subsec. (d). Pub. L. 99-646, Sec. 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)".
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.
Up
Penalty for failure to appear

FindLaw Career Center