Notes on 21 U.S.C. § 853 : US Code - Notes

Search Notes on 21 U.S.C. § 853 : US Code - Notes

(Pub. L. 91-513, title II, Sec. 413, as added and amended Pub. L.
98-473, title II, Secs. 303, 2301(d)-(f), Oct. 12, 1984, 98 Stat.
2044, 2192, 2193; Pub. L. 99-570, title I, Secs. 1153(b), 1864,
Oct. 27, 1986, 100 Stat. 3207-13, 3207-54; Pub. L. 104-237, title
II, Sec. 207, Oct. 3, 1996, 110 Stat. 3104; Pub. L. 106-310, div.
B, title XXXVI, Sec. 3613(a), Oct. 17, 2000, 114 Stat. 1229; Pub.
L. 107-56, title III, Sec. 319(d), Oct. 26, 2001, 115 Stat. 314.)
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (e)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec.
(m), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
AMENDMENTS
2001 - Subsec. (e)(4). Pub. L. 107-56, Sec. 319(d)(2), added par.
(4).
Subsec. (p). Pub. L. 107-56, Sec. 319(d)(1), inserted heading and
amended text of subsec. (p) generally. Prior to amendment, text
read as follows: "If any of the property described in subsection
(a) of this section, as a result of any act or omission of the
defendant -
"(1) cannot be located upon the exercise of due diligence;
"(2) has been transferred or sold to, or deposited with, a
third party;
"(3) has been placed beyond the jurisdiction of the court;
"(4) has been substantially diminished in value; or
"(5) has been commingled with other property which cannot be
divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs
(1) through (5)."
2000 - Subsec. (q). Pub. L. 106-310, Sec. 3613(a)(1), (2), in
introductory provisions, inserted "amphetamine or" before
"methamphetamine" and substituted "shall" for "may".
Subsec. (q)(2). Pub. L. 106-310, Sec. 3613(a)(2), (3), inserted
", the State or local government concerned, or both the United
States and the State or local government concerned" after "to
reimburse the United States", "or the State or local government
concerned, as the case may be," after "costs incurred by the United
States", and "amphetamine or" before "methamphetamine".
Subsec. (q)(3). Pub. L. 106-310, Sec. 3613(a)(4), substituted
"section 3663A of title 18" for "section 3663 of title 18".
1996 - Subsec. (q). Pub. L. 104-237 added subsec. (q).
1986 - Subsec. (c). Pub. L. 99-570, Sec. 1864(1), substituted
"subsection (n)" for "subsection (o)".
Subsec. (f). Pub. L. 99-570, Sec. 1864(2), substituted
"subsection (e)" for "subsection (f)".
Subsec. (i)(1). Pub. L. 99-570, Sec. 1864(3), substituted "this
subchapter" for "this chapter".
Subsec. (k). Pub. L. 99-570, Sec. 1864(1), (4), which directed
the substitution of "subsection (n)" for "subsection (o)" in "the
second subsection (h)", and directed the redesignation of "the
second subsection (h)" as subsection (k), were executed to this
subsection because the "second subsection (h)" had been editorially
redesignated subsec. (k) to reflect the probable intent of
Congress. See 1984 Amendment note below.
Subsec. (p). Pub. L. 99-570, Sec. 1153(b), which directed that
"section 413 of title II of the Comprehensive Drug Abuse Prevention
and Control Act of 1975" be amended "by redesignating subsection
'(p)' as subsection '(q)' " and adding subsec. (p) was executed to
this section, which is section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970, as the probable intent of
Congress, by adding a subsec. (p) in view of the prior
redesignation of subsec. (p) as (o) by Pub. L. 98-473, Sec.
2301(e)(2). See 1984 Amendment note below.
1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(d), inserted "In
lieu of a fine otherwise authorized by this part, a defendant who
derives profits or other proceeds from an offense may be fined not
more than twice the gross profits or other proceeds."
Subsec. (d). Pub. L. 98-473, Sec. 2301(e), struck out subsec. (d)
which related to forfeiture of property other than that described
in subsec. (a) and the conditions therefor, and redesignated former
subsec. (e) as (d).
Subsecs. (e) to (p). Pub. L. 98-473, Sec. 2301(e)(2), which
directed that this section be amended by redesignating subsecs.
(e), (f), (g), (h), (i), (l), (m), (n), (o), and (p) as subsecs.
(d), (e), (f), (g), (h), (i), (j), (h), (l), (m), (n), and (o),
respectively, was executed by redesignating subsecs. (e) to (p) as
(d) to (o), respectively, to give effect to the probable intent of
Congress.
Subsec. (n)(1). Pub. L. 98-473, Sec. 2301(f), struck out "for at
least seven successive court days" after "to dispose of the
property".