§ 22–3571.02. Applicability of fine proportionality provision.

(a) Notwithstanding any other provision of law, a sentence to pay a fine under § 22-3571.01 shall be subject to the following:

(1) If a law setting forth the penalty for such an offense specifies a maximum fine that is lower than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may not be fined more than the maximum amount specified in the law setting forth the penalty for the offense.

(2) If a law setting forth the penalty for such an offense specifies a maximum fine that is higher than the fine otherwise applicable under § 22-3571.01 and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under § 22-3571.01, the defendant may be fined the maximum amount specified in the law setting forth the penalty for the offense.

(3) If a law setting forth the penalty for such an offense specifies no fine and such law, by specific reference, does not exempt the offense from the fine otherwise applicable under § 22-3571.01, the defendant may be fined pursuant to § 22-3571.01.

(b)(1) If any person derives pecuniary gain from such an offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss.

(2) The court may impose a fine under this subsection in excess of the fine provided for by § 22-3571.01 only to the extent that the pecuniary gain or loss is both alleged in the indictment or information and is proven beyond a reasonable doubt.

(c) [This chapter and the provisions of D.C. Law 19-317] shall not apply to any provision of Title 11 of the District of Columbia Official Code.