H.R. 3713 — what changed
Sentencing Reform Act of 2015
From Introduced in House to Reported in House. 4 sections amended and 2 added between Introduced in House and Reported in House.
Sec. 2 Reduce and restrict enhanced sentencing for prior drug felonies
Controlled substances act amendments— The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
in section 102 (21 U.S.C. 802), by adding at the end the following:
“(57) The term serious drug felony means an offense described in section 924(e)(2)(A) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months.
“(58) The term serious violent felony means an offense—
“(A) described in section 3559(c)(2)(F) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months; or
“(B) that would be a felony violation of section 113 of title 18, United States Code, if the offense were committed in the special maritime and territorial jurisdiction of the United States, for which the offender served a term of imprisonment of more than 12 months.”
in section 401(b)(1) (21 U.S.C. 841(b)(1))—
in subparagraph (A), in the flush text following clause (viii)—
by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years” and inserting the following: “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years”; and
by striking “after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release” and inserting the following: “after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years”; and
in subparagraph (B), in the flush text following clause (viii), by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final” and inserting the following: “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final”; and
by adding at the end of section 401(b) (21 U.S.C. 841(b)) the following:
changed
“(8) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide, then a court shall—shall, in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years, which shall not run concurrently with any term of imprisonment imposed on the person under any other provision of law.
changed
“(A) not “(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall , in addition to the term of punishment for the violation of this section, impose a term of probation;imprisonment not to exceed 5 years, which shall not run concurrently with any term of imprisonment imposed on the person under any other provision of law.”
removed
“(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and
removed
“(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.
removed
“(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall—
removed
“(A) not impose a term of probation;
removed
“(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and
removed
“(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.”
Controlled substances Import and Export Act amendments— Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—
in paragraph (1), in the flush text following subparagraph (H), by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years” and inserting “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years”;
in paragraph (2), in the flush text following subparagraph (H), by striking “felony drug offense” and inserting “serious drug felony or serious violent felony”; and
by adding at the end the following:
“(8) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide, then a court shall—
“(A) not impose a term of probation;
“(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and
“(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.
“(9) In the case of a violation of subsection (a), if the mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide or any analogue of N-phenyl-N-[ 1-(2-phenylethyl) -4-piperidinyl] propanamide was represented to be or sold as heroin, then a court shall—
“(A) not impose a term of probation;
“(B) in addition to the term of punishment for the violation of this section, impose a term of imprisonment not to exceed 5 years; and
“(C) no term of imprisonment imposed on a person under subparagraph (B) shall run concurrently with any term of imprisonment imposed on the person under any other provision of law.”
Applicability to pending and past cases—
Pending cases— This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.
Past cases—
General rule— In the case of a defendant (other than a defendant with a prior conviction for a qualifying serious violent felony) who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this section and who was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, upon prior notice to the Government, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, the nature and seriousness of the danger to any person or the community, and the post-sentencing conduct of the defendant, if such a reduction is consistent with this section and the amendments made by this section.
Definition— In this paragraph the term “qualifying serious violent felony” means an offense that—
is a serious violent felony as that term is defined in section 102(58) of the Controlled Substances Act; and
changed
the conviction carries 3 or more criminal history points as determined under the United States Sentencing Guidelines.
Sec. 3 Broadening of existing safety valve
Amendments— Section 3553 of title 18, United States Code, is amended—
in subsection (f), by striking paragraph (1) and inserting the following:
“(1) the defendant does not have—
“(A) more than 4 criminal history points as determined under the sentencing guidelines;
changed
“(B) a prior 3-point offense, as determined under the sentencing guidelines; andor
“(C) a prior 2-point drug trafficking or violent offense, as determined under the sentencing guidelines;”
by adding at the end the following:
“(g) Inadequacy of criminal history
“(1) In general—If subsection (f) does not apply to a defendant because the defendant does not meet the requirements described in subsection (f)(1) (relating to criminal history), the court may, upon prior notice to the Government, waive subsection (f)(1) if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection (f)(1) substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes.
“(2) Prohibition—This subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony as defined in paragraphs (57) and (58), respectively, of section 102 of the Controlled Substances Act (21 U.S.C. 802).
“(h) Definitions—As used in this section—
“(1) the term drug trafficking offense means an offense that is punishable by imprisonment under any law of the United States, or of a State or foreign country, that prohibits or restricts the importation, manufacture, or distribution of controlled substances or the possession of controlled substances with intent to distribute; and
“(2) the term violent offense means a crime of violence, as defined in section 16, that is punishable by imprisonment.”
Applicability— The amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.
Sec. 4 Limitation on application of the 10-year mandatory minimum
changed
Amendment— Section 3553 of title 18, United States Code, as amended by section 3, is further amended by adding at the end the following:
“(i) Limitation on applicability of certain statutory minimums—Notwithstanding any other provision of law, in the case of a conviction under section 401 or 406 of the Controlled Substances Act (21 U.S.C. 841 and 846) or section 1010 or 1013 of the Controlled Substances Import and Export Act (21 U.S.C. 960 and 963) for which the statutory minimum term of imprisonment is 10 years, the court may impose a sentence as if the statutory minimum term of imprisonment was 5 years, if the court finds at sentencing, after the Government has been afforded the opportunity to make a recommendation, that—
“(1) the defendant does not have a prior conviction for a serious drug felony or serious violent felony as defined in paragraphs (57) and (58), respectively, of section 102 of the Controlled Substances Act (21 U.S.C. 802) that was made final prior to the commission of the instant offense;
“(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense, and the offense did not result in death or serious bodily injury to any person;
“(3) the defendant did not play an enhanced role in the offense by acting as an organizer, leader, manager, or supervisor of other participants in the offense, as determined under the sentencing guidelines, or by exercising substantial authority or control over the criminal activity of a criminal organization, regardless of whether the defendant was a member of such organization;
“(4) the defendant did not act as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer of the controlled substances involved in the offense or engage in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);
“(5) the defendant did not distribute a controlled substance to or with a person under 18 years of age; and
“(6) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
“(j) Definitions—As used in subsection (i) of this section—
“(1) the term importer, exporter, or high-level distributor or supplier—
“(A) means a defendant who imported, exported, or otherwise distributed or supplied large quantities of a controlled substance to other drug distributors; and
“(B) does not include a defendant whose role was limited to transporting drugs or money at the direction of others;
“(2) the term manufacturer means a defendant who grew, produced, or manufactured a controlled substance and was the principal owner of such controlled substance; and
“(3) the term wholesaler means a defendant who sold non-retail quantities of a controlled substance to other dealers or distributors.”
Applicability— The amendment made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.
Sec. 6 Amendment to certain penalties for certain firearm offenses and armed career criminal provision
Amendments— Section 924 of title 18, United States Code, is amended—
in subsection (a)(2), by striking “not more than 10 years” and inserting “not more than 15 years”; and
changed
in subsection (e)(1), by striking “not less than 15 fifteen years” and inserting “not less than 10 years”.
Applicability to pending and past cases—
Pending cases— This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.
Past cases— In the case of a defendant (other than a defendant with a prior conviction for a serious violent felony, as defined in section 102(58) of the Controlled Substances Act) who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, upon prior notice to the Government, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, the nature and seriousness of the danger to any person or the community, and the post-sentencing conduct of the defendant, if such a reduction is consistent with this section and the amendments made by this section.
Sec. 8 Report on mandatory minimum sentencing provisions
added
added
Report— Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the United States Sentencing Commission, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on mandatory minimum sentencing provisions under Federal law.
added
Contents of Report— The report submitted under subsection (a) shall include—
added
a compilation of all mandatory minimum sentencing provisions under Federal law;
added
an assessment of the effect of mandatory minimum sentencing provisions under Federal law on the goal of eliminating unwarranted sentencing disparity and other goals of sentencing;
added
an assessment of the impact of mandatory minimum sentencing provisions on the Federal prison population;
added
an assessment of the compatibility of mandatory minimum sentencing provisions under Federal law and the sentencing guidelines system established under the Sentencing Reform Act of 1984 (Public Law 98–473; 98 Stat. 1987) and the sentencing guidelines system in place after Booker v. United States, 543 U.S. 220 (2005);
added
a description of the interaction between mandatory minimum sentencing provisions under Federal law and plea agreements; and
added
any other information that the Attorney General, in consultation with the United States Sentencing Commission, determines would contribute to a thorough assessment of mandatory minimum sentencing provisions under Federal law.
Sec. 9 Sense of Congress
addedadded It is the sense of Congress that reform of the criminal justice system, in order to make it more effective, safe, humane, fiscally sustainable, and fair to victims, law enforcement, offenders, and the general public, requires the integration of a mental health component as part of a comprehensive reform strategy. This reform strategy should strive to identify those most in need of mental health services and employ best practices to provide emergency and crisis services, specialized law enforcement response training, court hearings for alternative dispositions, and appropriate community supervision support services.