Summary: H.R.5846 — 98th Congress (1983-1984)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/11/1984)

(Measure passed Senate, amended)

Criminal Fine Enforcement Act of 1984 - Amends the Federal criminal code in regard to the collection and payment of fines and penalties.

Provides that a judgment may direct imprisonment until a fine or penalty is paid if the court finds that the defendant has the present ability to pay such fine or penalty.

States that a judgment imposing the payment of a fine or penalty is a lien in favor of the United States and it applies to all property of the defendant other than property exempt from levy under the Internal Revenue Code. States that for purposes of any State and local law providing for the filing of a notice of a tax lien, a notice of lien for a judgment imposing the payment of a fine or penalty shall be considered a notice of lien for taxes payable to the United States.

States that payment of a fine is due immediately unless the court requires payment by installment or by any date certain. Allows the Attorney General to make payment due immediately upon the default of any installment payment.

Requires the defendant to pay interest at a rate of 1.5 percent per month on any amount of a fine or penalty that is past due (plus an extra 25 percent if the delinquency extends beyond 90 days).

Allows the Attorney General and the Director of the Administrative Office of the U.S. Courts to provide by regulation that fines for specified categories of offenses be paid to the clerk of the court.

Provides that if the fine is imposed on an organization, payments are authorized from the assets of the organization; but if the fine is imposed on a director, officer, employee, or agent of the organization, payment shall not be authorized from organization assets unless expressly permitted by State law.

Requires a defendant to pay a fine made a condition of probation.

Provides penalties for criminal default on a fine.

Lists factors that the court must consider in determining whether to impose a fine, including: (1) the ability of the defendant to pay; (2) the burden that payment will impose on the defendant; and (3) any restitution or reparation made by the defendant.

States that if a defendant has the obligation to make restitution to a victim of the offense, the court shall impose a fine only to the extent that such fine will not impair the ability of the defendant to make restitution.

Increases the maximum fine levels for certain felonies, misdemeanors, and offenses which result in pecuniary gain.

Provides a procedure for establishing security if a fine is stayed.

Makes a diligent effort to pay a fine a condition of parole.

Increases the fine for the commission of a misdemeanor to $5,000 for an individual and $10,000 for an organization.

Amends the Federal Rules of Criminal Procedure with regard to the insanity defense.

Repeals the Insanity Defense Reform Act of 1984 from H.J. Res. 648 (FY 1985 appropriations).

Provides that when the judgment directs imprisonment until the fine or penalty imposed is paid, the issue of execution on the judgment shall not discharge the defendant from imprisonment until the amount of the judgment is paid.

Permits an indigent person imprisoned for non-payment of a fine to apply to the prison warden setting forth inability to pay. Empowers the warden to act as a U.S. magistrate to determine the matter.

Repeals the chapter dealing with the imposition , payment and collection of fines as it appears in H.J. Res. 648 (FY 1985 Appropriations).