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2442

General Discussion of Statutes

Both 29 U.S.C. §§ 504 and 1111 are similar in providing that an individual who has been convicted of specified crimes is prohibited by operation of statute from serving in specified capacities during periods which extend to thirteen (13) years, in the case of a judgment of conviction entered after October 12, 1984, or until five (5) years in the case of a judgment of conviction on or before October 12, 1984, following the entry of the judgment of conviction or end of imprisonment, whichever is later. Both sections give the convicted person similar means of obtaining relief from the disabilities imposed, namely, an exemption following a hearing, a full restoration of citizenship rights revoked as a result of the conviction, or in the case of judgments of conviction entered after October 12, 1984, a reduction by the sentencing court of the length of disability from the period of thirteen (13) years to a shorter period which may not be less than three (3) years. Both sections carry identical penalties for violations arising from prohibited service: 1) for judgments of conviction entered after October 12, 1984, a maximum of five (5) years' imprisonment and fine; 2) for judgments of conviction entered on or before October 12, 1984, a maximum of one (1) year's imprisonment and fine.

Differences between the disability imposed by reason of judgments of conviction entered before and after October 12, 1984, arise because of amendments to both statutes which are contained in the Comprehensive Crime Control Act of 1984, 98 Stat. 2131-35 (1984). New categories of disqualifying convictions and prohibited positions were added by the 1984 amendments and therefore apply to convicted persons only in the case of judgments of conviction entered after October 12, 1984. For judgments of conviction entered after October 12, 1984, disqualification is effective immediately without regard to any pending appeal, or right of appeal, of the disqualifying conviction. In the case of judgments of conviction entered prior to October 12, 1984, the disability became effective only after the final sustaining of the disqualifying conviction on appeal, if an appeal was taken. However, a Federal sentencing court does have the discretion to stay the disability pending the appeal of a disqualifying Federal judgment of conviction entered after October 12, 1984, pursuant to F.R.Crim.P. 38(f).

[cited in USAM 9-138.010; USAM 9-137.000]