US Codex
Pub. L.
Notes

Title IV — Sentencing Reform

115th Congress · Approved Dec 21, 2018 · 132 Stat. 5194

TITLE IV Sentencing Reform

SEC. 401. Reduce and Restrict Enhanced Sentencing for Prior Drug Felonies.

(a)
Controlled Substances Act Amendments.— The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—
(1)
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) of title 18, United States Code, for which—

“(A) the offender served a term of imprisonment of more than 12 months; and

“(B) the offender’s release from any term of imprisonment was within 15 years of the commencement of the instant offense.

“(58) The term ‘serious violent felony’ means—

“(A) an offense described in section 3559(c)(2) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months; and

“(B) any offense 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.”

; and

(2)
in section 401(b)(1) (21 U.S.C. 841(b)(1))—
(A)
in subparagraph (A), in the matter following clause (viii)—
(i)
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
(ii)
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
(B)
in subparagraph (B), in the matter 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”.
(b)
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—
(1)
in paragraph (1), in the matter 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”; and
(2)
in paragraph (2), in the matter following subparagraph (H), by striking “ felony drug offense” and inserting “ serious drug felony or serious violent felony”.
(c)
Applicability to 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.

SEC. 402. Broadening of Existing Safety Valve.

(a)
Amendments.— Section 3553 of title 18, United States Code, is amended—
(1)
in subsection (f)—
(A)
in the matter preceding paragraph (1)—
(i)
by striking “ or section 1010” and inserting “ , section 1010”; and
(ii)
by inserting “ , or section 70503 or 70506 of title 46” after “ 963)”;
(B)
by striking paragraph (1) and inserting the following:

“(1) the defendant does not have—

“(A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines;

“(B) a prior 3-point offense, as determined under the sentencing guidelines; and

“(C) a prior 2-point violent offense, as determined under the sentencing guidelines;”

; and

(C)
by adding at the end the following: “Information disclosed by a defendant under this subsection may not be used to enhance the sentence of the defendant unless the information relates to a violent offense.”; and
(2)
by adding at the end the following:

“(g) Definition of Violent Offense.—As used in this section, the term ‘violent offense’ means a crime of violence, as defined in section 16, that is punishable by imprisonment.”

(b)
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. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, UNITED STATES CODE.

(a)
In General.— Section 924(c)(1)(C) of title 18, United States Code, is amended, in the matter preceding clause (i), by striking “ second or subsequent conviction under this subsection” and inserting “ violation of this subsection that occurs after a prior conviction under this subsection has become final”.
(b)
Applicability to 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.

SEC. 404. Application of Fair Sentencing Act.

(a)
Definition of Covered Offense.— In this section, the term “covered offense” means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372), that was committed before August 3, 2010.
(b)
Defendants Previously Sentenced.— A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) were in effect at the time the covered offense was committed.
(c)
Limitations.— No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) or if a previous motion made under this section to reduce the sentence was, after the date of enactment of this Act, denied after a complete review of the motion on the merits. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.