Section 1 Short title
This Act may be cited as the “Sara’s Law and the Preventing Unfair Sentencing Act of 2023”.
Sara’s Law and the Preventing Unfair Sentencing Act of 2023
A BILL
To authorize the court to depart from a statutory minimum in the case of a juvenile offender, youthful victim offender, and certain other minors, and for other purposes.
Sec. 2 Sentencing youthful victim offenders who have been trafficked, abused, or assaulted
Sentencing youthful victim offenders—
In general— Section 3553 of title 18, United States Code, is amended by adding at the end the following:
“(h) Sentencing youthful victim offenders
“(1) Statutory minimums—In the case of a youthful victim offender, the court shall have the authority to impose a sentence that is below a level established by statute as a minimum sentence so as to consider the effect of trauma on the offender’s conduct.
“(2) Suspension of sentence—In the case of a youthful victim offender, the court shall have the authority to suspend any portion of an imposed sentence.
“(3) Youthful victim offender defined—In this subsection, the term “youthful victim offender” means an individual who—
“(A) has not attained the age of 18; and
“(B) has been convicted of a violent offense against a person who the court finds, by clear and convincing evidence, engaged in conduct against such individual, not earlier than 1 year before such violent offense, that is an offense under section 1591 or an offense under chapter 71, 109A, 110, or 117.”
Application— The amendments made by this section shall apply only to a conviction entered on or after the date of the enactment of this Act.
Directive to sentencing commission— Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements with respect to youthful victim offenders (as such term is defined in section 3553 of title 18, United States Code) to ensure that the guidelines and policy statements are consistent with the amendments made by subsection (a).