Laws: Cases and Codes : U.S. Code : Title 21 : Section 861
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U.S. Code as of:
01/19/04
Section 861 - Notes
SOURCE
(Pub. L. 91-513, title II, Sec. 420, formerly Sec. 405B, as added
Pub. L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat.
3207-10; amended Pub. L. 100-690, title VI, Secs. 6452(b)(1), 6459,
6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered Sec.
420 and amended Pub. L. 101-647, title X, Secs. 1002(c), 1003(c),
title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)
REFERENCES IN TEXT
Section 4202 of title 18, referred to in subsec. (e), which, as
originally enacted in Title 18, Crimes and Criminal Procedure,
related to eligibility of prisoners for parole, was repealed and a
new section 4202 enacted as part of the repeal and enactment of a
new chapter 311 (Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233,
Sec. 2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the
eligibility of prisoners for parole, see section 4205 of Title 18.
Pub. L. 98-473, title II, Secs. 218(a)(5), 235(a)(1), (b)(1), Oct.
12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided that,
effective on the first day of the first calendar month beginning 36
months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18
is repealed, subject to remaining effective for five years after
Nov. 1, 1987, in certain circumstances. See Effective Date note set
out under section 3551 of Title 18.
CODIFICATION
Section was classified to section 845b of this title prior to
renumbering by Pub. L. 101-647.
AMENDMENTS
1990 - Subsec. (b). Pub. L. 101-647, Sec. 1003(c)(1), which
directed the substitution of "is subject to twice the maximum
punishment otherwise authorized" for "is punishable by a term of
imprisonment up to twice that authorized, or up to twice the fine
authorized, or both," was executed by making the substitution for
"is punishable by a term of imprisonment up to twice that otherwise
authorized, or up to twice the fine otherwise authorized, or both,"
to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 101-647, Sec. 3599L, substituted "has become
final" for "have become final".
Pub. L. 101-647, Sec. 1003(c)(2), which directed the substitution
of "is subject to three times the maximum punishment otherwise
authorized" for "is punishable by a term of imprisonment up to
three times that authorized, or up to three times the fine
authorized, or both," was executed by making the substitution for
"is punishable by a term of imprisonment up to three times that
otherwise authorized, or up to three times the fine otherwise
authorized, or both," to reflect the probable intent of Congress.
1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6459, added par.
(3).
Subsec. (c). Pub. L. 100-690, Sec. 6452(b)(1), struck out "or
convictions" after "a prior conviction" and inserted at end
"Penalties for third and subsequent convictions shall be governed
by section 841(b)(1)(A) of this title."
Subsec. (e). Pub. L. 100-690, Sec. 6470(d), struck out "required
by section 841(b) of this title" after "mandatory term of
imprisonment".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 841 of this title; title
18 sections 3592, 3663.
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