To amend the Controlled Substances Act to protect vulnerable persons from drug trafficking, and for other purposes.
Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005 - Amends the Controlled Substances Act (CSA) to expand penalties for distributing drugs to persons under age 21 and to cover attempting or conspiring to do so, without regard to the type of controlled substance and schedule. Requires or increases minimum mandatory sentences.
Modifies provisions regarding distributing or manufacturing drugs in or near schools to delete the "100 feet" limitation, include public libraries and daycare facilities, and increase minimum imprisonment terms. Increases or expands the scope of penalties regarding: (1) employing children to distribute drugs near schools and playgrounds; (2) employing persons under age 18 in drug distribution; (3) distributing drugs to underage persons; (4) maintaining drug-involved premises affecting children; and (5) drug trafficking in the presence of children. Prohibits: (1) providing, or facilitating the sale of, drug paraphernalia; or (2) failing to protect children from drug trafficking activities.
Directs the U.S. Sentencing Commission to amend the sentencing guidelines to: (1) increase base offense levels for drug-related offenses involving minors and incompetent persons; and (2) provide sentencing enhancements for possessing or brandishing a firearm.
Prohibits and requires a minimum mandatory sentence for distributing or manufacturing a controlled substance within 1,000 feet of a drug treatment facility.
Amends CSA to: (1) increase penalties for, and expand provisions regarding, endangering human life while illegally manufacturing a controlled substance; and (2) provide for life imprisonment without release for drug felons and violent criminals convicted a third time.
Prohibits a court, in imposing sentence, from considering a defendant's race, sex, national origin, creed, religion, or socioeconomic status and sets forth factors a court may consider only with respect to calculating the sentencing range and imposing a sentence within that range.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 1.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
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