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Title 18 — Crimes and Criminal Procedure — § 3146. Penalty for failure to appear

Summary

Pages 723-724 of Title 18, Crimes and Criminal Procedure, print § 3146, Penalty for failure to appear, alongside neighboring §§ 3144, 3145 and 3147. Section 3146 makes it an offense for a person released under the chapter to knowingly fail to appear before a court as required or fail to surrender for service of sentence. Punishment scales with the underlying charge, from not more than ten years where that offense is punishable by death, life imprisonment or 15 years or more, down to not more than one year for a misdemeanor or for a material witness, and any prison term runs consecutive to other sentences. Uncontrollable circumstances are an affirmative defense, and a judicial officer may declare designated bond property forfeited. Section 3147 adds up to ten years for a felony committed while on release.

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Page 723                     TITLE 18—CRIMES AND CRIMINAL PROCEDURE                                                 § 3146

§ 3144. Release or detention of a material witness               (c) APPEAL FROM A RELEASE OR DETENTION
                                                               ORDER.—An appeal from a release or detention
  If it appears from an affidavit filed by a party             order, or from a decision denying revocation or
that the testimony of a person is material in a                amendment of such an order, is governed by the
criminal proceeding, and if it is shown that it                provisions of section 1291 of title 28 and section
may become impracticable to secure the pres-                   3731 of this title. The appeal shall be determined
ence of the person by subpoena, a judicial officer             promptly. A person subject to detention pursu-
may order the arrest of the person and treat the               ant to section 3143(a)(2) or (b)(2), and who meets
person in accordance with the provisions of sec-               the conditions of release set forth in section
tion 3142 of this title. No material witness may
                                                               3143(a)(1) or (b)(1), may be ordered released,
be detained because of inability to comply with                under appropriate conditions, by the judicial of-
any condition of release if the testimony of such              ficer, if it is clearly shown that there are excep-
witness can adequately be secured by deposition,               tional reasons why such person’s detention
and if further detention is not necessary to pre-              would not be appropriate.
vent a failure of justice. Release of a material
witness may be delayed for a reasonable period                 (Added Pub. L. 98–473, title II, § 203(a), Oct. 12,
of time until the deposition of the witness can                1984, 98 Stat. 1982; amended Pub. L. 101–647, title
be taken pursuant to the Federal Rules of                      IX, § 902(c), Nov. 29, 1990, 104 Stat. 4827; Pub. L.
Criminal Procedure.                                            101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
(Added Pub. L. 98–473, title II, § 203(a), Oct. 12,                                 Editorial Notes
1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e),
                                                                                   PRIOR PROVISIONS
Nov. 10, 1986, 100 Stat. 3609.)
                                                                 A prior section 3145, act June 25, 1948, ch. 645, 62 Stat.
                     Editorial Notes                           821, provided cross references to the Federal Rules of
                                                               Criminal Procedure for rules covering parties and wit-
                  REFERENCES IN TEXT                           nesses, prior to repeal in the revision of this chapter by
  The Federal Rules of Criminal Procedure, referred to         section 203(a) of Pub. L. 98–473.
in text, are set out in the Appendix to this title.                                  AMENDMENTS
                    PRIOR PROVISIONS                             1990—Subsec. (c). Pub. L. 101–647 inserted at end ‘‘A
  A prior section 3144, act June 25, 1948, ch. 645, 62 Stat.   person subject to detention pursuant to section
821, related to cases removed from State courts, prior         3143(a)(2) or (b)(2), and who meets the conditions of re-
to repeal in the revision of this chapter by section           lease set forth in section 3143(a)(1) or (b)(1), may be or-
203(a) of Pub. L. 98–473.                                      dered released, under appropriate conditions, by the ju-
                                                               dicial officer, if it is clearly shown that there are ex-
                      AMENDMENTS                               ceptional reasons why such person’s detention would
  1986—Pub. L. 99–646 substituted ‘‘subpoena’’ for ‘‘sub-      not be appropriate.’’
pena’’ and inserted ‘‘of this title’’.
                                                                      Statutory Notes and Related Subsidiaries
       Statutory Notes and Related Subsidiaries                                     CHANGE OF NAME
         EFFECTIVE DATE OF 1986 AMENDMENT                        Words ‘‘magistrate judge’’ substituted for ‘‘mag-
                                                               istrate’’ in subsecs. (a) and (b) pursuant to section 321
  Amendment by Pub. L. 99–646 effective 30 days after
                                                               of Pub. L. 101–650, set out as a note under section 631 of
Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out
                                                               Title 28, Judiciary and Judicial Procedure.
as a note under section 3141 of this title.
                                                               § 3146. Penalty for failure to appear
§ 3145. Review and appeal of a release or deten-
    tion order                                                  (a) OFFENSE.—Whoever, having been released
                                                               under this chapter knowingly—
  (a) REVIEW OF A RELEASE ORDER.—If a person                      (1) fails to appear before a court as required
is ordered released by a magistrate judge, or by                by the conditions of release; or
a person other than a judge of a court having                     (2) fails to surrender for service of sentence
original jurisdiction over the offense and other                pursuant to a court order;
than a Federal appellate court—
     (1) the attorney for the Government may                   shall be punished as provided in subsection (b) of
  file, with the court having original jurisdic-               this section.
  tion over the offense, a motion for revocation                 (b) PUNISHMENT.—(1) The punishment for an
  of the order or amendment of the conditions of               offense under this section is—
  release; and                                                     (A) if the person was released in connection
     (2) the person may file, with the court hav-                with a charge of, or while awaiting sentence,
  ing original jurisdiction over the offense, a                  surrender for service of sentence, or appeal or
  motion for amendment of the conditions of re-                  certiorari after conviction for—
                                                                     (i) an offense punishable by death, life im-
  lease.
                                                                   prisonment, or imprisonment for a term of
The motion shall be determined promptly.                           15 years or more, a fine under this title or
   (b) REVIEW OF A DETENTION ORDER.—If a person                    imprisonment for not more than ten years,
is ordered detained by a magistrate judge, or by                   or both;
a person other than a judge of a court having                        (ii) an offense punishable by imprisonment
original jurisdiction over the offense and other                   for a term of five years or more, a fine under
than a Federal appellate court, the person may                     this title or imprisonment for not more than
file, with the court having original jurisdiction                  five years, or both;
over the offense, a motion for revocation or                         (iii) any other felony, a fine under this
amendment of the order. The motion shall be de-                    title or imprisonment for not more than two
termined promptly.                                                 years, or both; or
§ 3147                        TITLE 18—CRIMES AND CRIMINAL PROCEDURE                                              Page 724

      (iv) a misdemeanor, a fine under this title                   or more, he shall be fined not more than $25,000 or
    or imprisonment for not more than one year,                     imprisoned for not more than ten years, or both;
    or both; and                                                       ‘‘(B) an offense punishable by imprisonment for a
                                                                    term of five or more years, but less than fifteen
    (B) if the person was released for appearance                   years, he shall be fined not more than $10,000 or im-
  as a material witness, a fine under this chap-                    prisoned for not more than five years, or both;
  ter or imprisonment for not more than one                            ‘‘(C) any other felony, he shall be fined not more
  year, or both.                                                    than $5,000 or imprisoned for not more than two
                                                                    years, or both; or
  (2) A term of imprisonment imposed under this                        ‘‘(D) a misdemeanor, he shall be fined not more
section shall be consecutive to the sentence of                     than $2,000 or imprisoned for not more than one
imprisonment for any other offense.                                 year, or both; or
  (c) AFFIRMATIVE DEFENSE.—It is an affirma-                        ‘‘(2) for appearance as a material witness, he shall
tive defense to a prosecution under this section                  be fined not more than $1,000 or imprisoned for not
that uncontrollable circumstances prevented                       more than one year, or both.
                                                                A term of imprisonment imposed pursuant to this sec-
the person from appearing or surrendering, and                  tion shall be consecutive to the sentence of imprison-
that the person did not contribute to the cre-                  ment for any other offense.’’
ation of such circumstances in reckless dis-                      Subsec. (c). Pub. L. 99–646, § 55(f)(2), substituted ‘‘re-
regard of the requirement to appear or sur-                     quirement to appear’’ for ‘‘requirement that he appear’’
render, and that the person appeared or surren-                 and ‘‘the person appeared’’ for ‘‘he appeared’’.
dered as soon as such circumstances ceased to                     Subsec. (d). Pub. L. 99–646, § 55(f)(3), inserted ‘‘of this
exist.                                                          title’’ after ‘‘3142(b)’’ and substituted ‘‘clause (xi) or
  (d) DECLARATION OF FORFEITURE.—If a person                    (xii) of section 3142(c)(1)(B) of this title’’ for ‘‘section
                                                                3142(c)(2)(K) or (c)(2)(L)’’.
fails to appear before a court as required, and
the person executed an appearance bond pursu-
                                                                       Statutory Notes and Related Subsidiaries
ant to section 3142(b) of this title or is subject to
the release condition set forth in clause (xi) or                         EFFECTIVE DATE OF 1986 AMENDMENT
(xii) of section 3142(c)(1)(B) of this title, the judi-
                                                                  Amendment by Pub. L. 99–646 effective 30 days after
cial officer may, regardless of whether the per-                Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out
son has been charged with an offense under this                 as a note under section 3141 of this title.
section, declare any property designated pursu-
ant to that section to be forfeited to the United               § 3147. Penalty for an offense committed while on
States.                                                             release
(Added Pub. L. 98–473, title II, § 203(a), Oct. 12,               A person convicted of an offense committed
1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(f),           while released under this chapter shall be sen-
Nov. 10, 1986, 100 Stat. 3609; Pub. L. 103–322, title           tenced, in addition to the sentence prescribed
XXXIII, § 330016(2)(K), Sept. 13, 1994, 108 Stat.               for the offense, to—
2148; Pub. L. 104–294, title VI, § 601(a)(4), Oct. 11,              (1) a term of imprisonment of not more than
1996, 110 Stat. 3498.)                                            ten years if the offense is a felony; or
                                                                    (2) a term of imprisonment of not more than
                      Editorial Notes                             one year if the offense is a misdemeanor.
                    PRIOR PROVISIONS
                                                                A term of imprisonment imposed under this sec-
   A prior section 3146, added Pub. L. 89–465, § 3(a), June     tion shall be consecutive to any other sentence
22, 1966, 80 Stat. 214; amended Pub. L. 97–291, § 8, Oct. 12,   of imprisonment.
1982, 96 Stat. 1257, related to release in noncapital cases
prior to trial, prior to repeal in the revision of this         (Added Pub. L. 98–473, title II, § 203(a), Oct. 12,
chapter by section 203(a) of Pub. L. 98–473.                    1984, 98 Stat. 1983; amended Pub. L. 98–473, title
   Another prior section 3146, act Aug. 20, 1954, ch. 772,      II, § 223(g), Oct. 12, 1984, 98 Stat. 2028; Pub. L.
§ 1, 68 Stat. 747, which prescribed penalties for jumping       99–646, § 55(g), Nov. 10, 1986, 100 Stat. 3610.)
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.                                                                   Editorial Notes

                       AMENDMENTS                                                   PRIOR PROVISIONS
   1996—Subsec. (b)(1)(A)(iv). Pub. L. 104–294 substituted        A prior section 3147, added Pub. L. 89–465, § 3(a), June
‘‘a fine under this title’’ for ‘‘a fined under this title’’.   22, 1966, 80 Stat. 215, related to appeals from conditions
   1994—Subsec. (b)(1)(A)(iv). Pub. L. 103–322 substituted      of release, prior to repeal in the revision of this chapter
‘‘fined under this title’’ for ‘‘fine under this chapter’’.     by section 203(a) of Pub. L. 98–473.
   1986—Subsec. (a). Pub. L. 99–646, § 55(f)(1), added sub-
sec. (a) and struck out former subsec. (a) which read as                               AMENDMENTS
follows: ‘‘A person commits an offense if, after having            1986—Pub. L. 99–646 substituted ‘‘under’’ for ‘‘pursu-
been released pursuant to this chapter—                         ant to’’ in two places and ‘‘for the offense,’’ for ‘‘for the
     ‘‘(1) he knowingly fails to appear before a court as       offense’’.
   required by the conditions of his release; or                   1984—Pub. L. 98–473, § 223(g), struck out ‘‘not less than
     ‘‘(2) he knowingly fails to surrender for service of       two years and’’ after ‘‘imprisonment of’’ in par. (1), and
   sentence pursuant to a court order.’’                        ‘‘not less than ninety days and’’ after ‘‘imprisonment
   Subsec. (b). Pub. L. 99–646, § 55(f)(1), added subsec. (b)   of’’ in par. (2).
and struck out former subsec. (b) which was captioned
‘‘Grading’’, and which read as follows: ‘‘If the person
was released—                                                          Statutory Notes and Related Subsidiaries
     ‘‘(1) in connection with a charge of, or while await-
                                                                          EFFECTIVE DATE OF 1986 AMENDMENT
   ing sentence, surrender for service of sentence, or ap-
   peal or certiorari after conviction, for—                      Amendment by Pub. L. 99–646 effective 30 days after
        ‘‘(A) an offense punishable by death, life impris-      Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out
     onment, or imprisonment for a term of fifteen years        as a note under section 3141 of this title.


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