AMENDMENT 573
The Commentary to §5E1.3 captioned "Background" is amended by deleting the entire text as follows:
"Background: The Victims of Crime Act of 1984, Pub. L. No. 98-473, Title II, Chap. XIV, requires the courts to impose special assessments on convicted defendants for the purpose of funding the Crime Victims Fund established by the same legislation. Monies deposited in the fund are awarded to the states by the Attorney General for victim assistance and compensation programs. Under the Victims of Crime Act, as amended by Section 7085 of the Anti-Drug Abuse Act of 1988, the court is required to impose assessments in the following amounts with respect to offenses committed on or after November 18, 1988:
Individuals:
$5, if the defendant is an individual convicted of an infraction or a Class C misdemeanor;
$10, if the defendant is an individual convicted of a Class B misdemeanor;
$25, if the defendant is an individual convicted of a Class A misdemeanor; and
$50, if the defendant is an individual convicted of a felony.
Organizations:
$50, if the defendant is an organization convicted of a Class B misdemeanor;
$125, if the defendant is an organization convicted of a Class A misdemeanor; and
$200, if the defendant is an organization convicted of a felony. 18 U.S.C. § 3013.
With respect to offenses committed prior to November 18, 1988, the court is required to impose assessments in the following amounts:
$25, if the defendant is an individual convicted of a misdemeanor;
$50, if the defendant is an individual convicted of a felony;
$100, if the defendant is an organization convicted of a misdemeanor; and
$200, if the defendant is an organization convicted of a felony. 18 U.S.C. § 3013.
The Act does not authorize the court to waive imposition of the assessment.",
and inserting in lieu thereof:
"Application Notes:
1. This guideline applies only if the defendant is an individual. See §8E1.1 for special assessments applicable to organizations.
2. The following special assessments are provided by statute (18 U.S.C. § 3013):
For Offenses Committed By Individuals On Or After April 24, 1996:
(A) $100, if convicted of a felony;
(B) $25, if convicted of a Class A misdemeanor;
(C) $10, if convicted of a Class B misdemeanor;
(D) $5, if convicted of a Class C misdemeanor or an infraction.
For Offenses Committed By Individuals On Or After November 18, 1988 But Prior To April 24, 1996:
(E) $50, if convicted of a felony;
(F) $25, if convicted of a Class A misdemeanor;
(G) $10, if convicted of a Class B misdemeanor;
(H) $5, if convicted of a Class C misdemeanor or an infraction.
For Offenses Committed By Individuals Prior To November 18, 1988:
(I) $50, if convicted of a felony;
(J) $25, if convicted of a misdemeanor.
3. A special assessment is required by statute for each count of conviction.
Background: Section 3013 of Title 18, United States Code, added by The Victims of Crimes Act of 1984, Pub. L. No. 98-473, Title II, Chap. XIV, requires courts to impose special assessments on convicted defendants for the purpose of funding the Crime Victims Fund established by the same legislation.".
The Commentary to §8E1.1 captioned "Background" is amended by deleting the entire text as follows:
"Background: Pursuant to 18 U.S.C. § 3013(a), the court is required to impose assessments in the following amounts:
$50, if the organization is convicted of a Class B misdemeanor;
$125, if the organization is convicted of a Class A misdemeanor; and
$200, if the organization is convicted of a felony. 18 U.S.C. § 3013.
The Act does not authorize the court to waive imposition of the assessment.",
and inserting in lieu thereof the following:
"Application Notes:
1. This guideline applies if the defendant is an organization. It does not apply if the defendant is an individual. See §5E1.3 for special assessments applicable to individuals.
2. The following special assessments are provided by statute (see 18 U.S.C. § 3013):
For Offenses Committed By Organizations On Or After April 24, 1996:
(A) $400, if convicted of a felony;
(B) $125, if convicted of a Class A misdemeanor;
(C) $50, if convicted of a Class B misdemeanor; or
(D) $25, if convicted of a Class C misdemeanor or an infraction.
For Offenses Committed By Organizations On Or After November 18, 1988 But Prior To April 24, 1996:
(E) $200, if convicted of a felony;
(F) $125, if convicted of a Class A misdemeanor;
(G) $50, if convicted of a Class B misdemeanor; or
(H) $25, if convicted of a Class C misdemeanor or an infraction.
For Offenses Committed By Organizations Prior To November 18, 1988:
(I) $200, if convicted of a felony;
(J) $100, if convicted of a misdemeanor.
3. A special assessment is required by statute for each count of conviction.
Background: Section 3013 of Title 18, United States Code, added by The Victims of Crimes Act of 1984, Pub. L. No. 98-473, Title II, Chap. XIV, requires courts to impose special assessments on convicted defendants for the purpose of funding the Crime Victims Fund established by the same legislation.".
Reason for Amendment: This amendment conforms §§5E1.3 (Special Assessments) and 8E1.1 (Special Assessments - Organizations) to changes made by section 210 of the Antiterrorism and Effective Death Penalty Act, Pub. L. 104-132, 110 Stat. 1240, and section 601(r)(4) of Pub. L. 104-294, 110 Stat. 3502. As amended, the felony assessments for offenses committed after April 24, 1996, are raised to $100 for individuals and $400 for organizations.
Effective Date: The effective date of this amendment is November 1, 1997.