§ 3147. Penalty for an offense committed while on release
Summary
Page 724 of Title 18 of the United States Code, Crimes and Criminal Procedure, in the 2024 edition, carrying the end of the historical and statutory notes to section 3146 and the text of section 3147, Penalty for an offense committed while on release. Section 3147 provides that a person convicted of an offense committed while released under the chapter shall be sentenced, in addition to the sentence for the offense, to a term of imprisonment of not more than ten years if the offense is a felony, with the term to run consecutively; the section was added by Pub. L. 98–473 on Oct. 12, 1984 and amended by Pub. L. 99–646, Pub. L. 103–322 and Pub. L. 104–294. The preceding notes set out the 1986 amendments to section 3146, its affirmative defense of uncontrollable circumstances, and the declaration of forfeiture of an appearance bond for failure to appear.
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§ 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.
Page 725 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3150
EFFECTIVE DATE OF 1984 AMENDMENT (Added Pub. L. 98–473, title II, § 203(a), Oct. 12,
Amendment by Pub. L. 98–473 effective Nov. 1, 1987, 1984, 98 Stat. 1983; amended Pub. L. 99–646, § 55(a),
and applicable only to offenses committed after the (h), Nov. 10, 1986, 100 Stat. 3607, 3610.)
taking effect of such amendment, see section 235(a)(1)
of Pub. L. 98–473, set out as an Effective Date note Editorial Notes
under section 3551 of this title.
PRIOR PROVISIONS
A prior section 3148, added Pub. L. 89–465, § 3(a), June
§ 3148. Sanctions for violation of a release condi-
22, 1966, 80 Stat. 215; amended Pub. L. 91–452, title X,
tion § 1002, Oct. 12, 1970, 84 Stat. 952, related to release in
(a) AVAILABLE SANCTIONS.—A person who has capital cases or after conviction, prior to repeal in the
revision of this chapter by section 203(a) of Pub. L.
been released under section 3142 of this title, and
98–473.
who has violated a condition of his release, is
subject to a revocation of release, an order of de- AMENDMENTS
tention, and a prosecution for contempt of 1986—Subsec. (a). Pub. L. 99–646, § 55(a), (h)(1), sub-
court. stituted ‘‘under section 3142 of this title’’ for ‘‘pursuant
(b) REVOCATION OF RELEASE.—The attorney for to the provisions of section 3142’’.
the Government may initiate a proceeding for Subsec. (b). Pub. L. 99–646, § 55(h)(2), in introductory
revocation of an order of release by filing a mo- provision, substituted ‘‘such person’s arrest’’ for ‘‘his
tion with the district court. A judicial officer arrest’’, ‘‘condition of release that such person not
commit’’ for ‘‘condition of his release that he not com-
may issue a warrant for the arrest of a person
mit’’, and ‘‘period of release,’’ for ‘‘period of release’’,
charged with violating a condition of release, in par. (1)(B) substituted ‘‘condition of release’’ for
and the person shall be brought before a judicial ‘‘condition of his release’’, in par. (2)(A) inserted ‘‘of
officer in the district in which such person’s ar- this title’’ after ‘‘section 3142(g)’’, and in concluding
rest was ordered for a proceeding in accordance provision, substituted ‘‘the judicial officer shall’’ for
with this section. To the extent practicable, a ‘‘he shall’’ and inserted ‘‘of this title’’ after ‘‘section
person charged with violating the condition of 3142’’.
release that such person not commit a Federal, Subsec. (c). Pub. L. 99–646, § 55(a), (h)(3), substituted
‘‘judicial officer’’ for ‘‘judge’’, ‘‘under section 401 of this
State, or local crime during the period of re-
title’’ for ‘‘pursuant to the provisions of section 401’’,
lease, shall be brought before the judicial officer and ‘‘condition of release’’ for ‘‘condition of his re-
who ordered the release and whose order is al- lease’’.
leged to have been violated. The judicial officer
shall enter an order of revocation and detention Statutory Notes and Related Subsidiaries
if, after a hearing, the judicial officer—
EFFECTIVE DATE OF 1986 AMENDMENT
(1) finds that there is—
(A) probable cause to believe that the per- Amendment by Pub. L. 99–646 effective 30 days after
son has committed a Federal, State, or local Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out
crime while on release; or as a note under section 3141 of this title.
(B) clear and convincing evidence that the § 3149. Surrender of an offender by a surety
person has violated any other condition of
release; and A person charged with an offense, who is re-
leased upon the execution of an appearance bond
(2) finds that— with a surety, may be arrested by the surety,
(A) based on the factors set forth in sec- and if so arrested, shall be delivered promptly to
tion 3142(g) of this title, there is no condi- a United States marshal and brought before a
tion or combination of conditions of release judicial officer. The judicial officer shall deter-
that will assure that the person will not flee mine in accordance with the provisions of sec-
or pose a danger to the safety of any other tion 3148(b) whether to revoke the release of the
person or the community; or person, and may absolve the surety of responsi-
(B) the person is unlikely to abide by any bility to pay all or part of the bond in accord-
condition or combination of conditions of re- ance with the provisions of Rule 46 of the Fed-
lease. eral Rules of Criminal Procedure. The person so
If there is probable cause to believe that, while committed shall be held in official detention
on release, the person committed a Federal, until released pursuant to this chapter or an-
State, or local felony, a rebuttable presumption other provision of law.
arises that no condition or combination of con- (Added Pub. L. 98–473, title II, § 203(a), Oct. 12,
ditions will assure that the person will not pose 1984, 98 Stat. 1984.)
a danger to the safety of any other person or the
community. If the judicial officer finds that Editorial Notes
there are conditions of release that will assure
that the person will not flee or pose a danger to PRIOR PROVISIONS
the safety of any other person or the commu- A prior section 3149, added Pub. L. 89–465, § 3(a), June
nity, and that the person will abide by such con- 22, 1966, 80 Stat. 216, related to release of material wit-
ditions, the judicial officer shall treat the per- nesses, prior to repeal in the revision of this chapter by
son in accordance with the provisions of section section 203(a) of Pub. L. 98–473.
3142 of this title and may amend the conditions § 3150. Applicability to a case removed from a
of release accordingly. State court
(c) PROSECUTION FOR CONTEMPT.—The judicial
officer may commence a prosecution for con- The provisions of this chapter apply to a
tempt, under section 401 of this title, if the per- criminal case removed to a Federal court from a
son has violated a condition of release. State court.
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