Safe Doses Act - (Sec. 2) Amends the federal criminal code to prohibit: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in a prohibited act; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit a prohibited act.
Makes an offense under this Act an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the offense involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act.
Prescribes criminal and civil penalties for violations of this Act, including a civil penalty of not more than the greater of 3 times the economic loss attributable to the violation or $1 million.
(Sec. 3) Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to a violation of this Act.
(Sec. 4) Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property.
(Sec. 5) Includes theft of medical products as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO).
(Sec. 6) Extends provisions authorizing wiretapping and requiring victim restitution to the crime of theft of a pre-retail medical product.
(Sec. 8) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties for such offenses are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1002 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1002
To prohibit theft of medical products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2011
Mr. Schumer (for himself, Mr. Kyl, Ms. Klobuchar, Mr. Brown of Ohio,
Mr. Whitehouse, Mr. Sessions, Mr. Graham, Mr. Coons, Mr. Bennet, Mr.
Lugar, Mr. Nelson of Florida, Mr. Casey, Mr. Blumenthal, and Mr.
Lautenberg) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit theft of medical products, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening and Focusing
Enforcement to Deter Organized Stealing and Enhance Safety Act of
2011'' or the ``SAFE DOSES Act''.
SEC. 2. THEFT OF MEDICAL PRODUCTS.
(a) In General.--Chapter 31 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 670. Theft of medical products
``(a) Definitions.--In this section--
``(1) the term `biological product' has the meaning given
the term in section 351 of the Public Health Service Act (42
U.S.C. 262);
``(2) the terms `device', `drug', `infant formula', and
`labeling' have the meanings given those terms in section 201
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321);
``(3) the term `medical food' has the meaning given the
term in section 5(b) of the Orphan Drug Act (21 U.S.C.
360ee(b)); and
``(4) the term `medical product' means a drug, biological
product, device, medical food, or infant formula that--
``(A) is being stored for transportation, or is
being or has been transported, shipped, or received;
and
``(B) has not yet been made available for retail
purchase by a customer at the time of the relevant
conduct described in subsection (b).
``(b) Offenses.--It shall be unlawful, using any means or facility
of interstate or foreign commerce, or in or affecting interstate or
foreign commerce, to knowingly--
``(1) steal, take without authorization, embezzle, carry
away, or obtain by fraud or deception a medical product, or
attempt or conspire to do so;
``(2) transport, handle, traffic in, or store a stolen
medical product, or attempt or conspire to do so; or
``(3) participate, in any way, in a scheme to alter, forge,
or falsify the labeling or documentation (including
documentation relating to origination or shipping) of a stolen
or expired medical product.
``(c) Penalties.--
``(1) In general.--Any person that violates subsection
(b)--
``(A) if the value of the medical product or
products is less than $5,000, shall be fined under this
title, imprisoned for not more than 3 years, or both;
and
``(B) subject to paragraph (2), for any other
violation, shall be fined under this title, imprisoned
for not more than 20 years, or both.
``(2) Additional factors.--Any person that violates
subsection (b) shall be fined under this title and imprisoned
for not less than 1 year nor more than 20 years if--
``(A) the value of the medical product or products
is not less than $5,000; and
``(B) the--
``(i) person--
``(I) buys, or otherwise obtains, a
medical product, knowing or with
reckless disregard as to whether the
medical product is expired or has been
stolen, with the intent to sell or
distribute the medical product;
``(II) sells, or distributes, a
medical product, knowing or with
reckless disregard as to whether the
medical product is expired or has been
stolen; or
``(III) at the time of the
violation is employed by, or is an
agent of, an organization in the supply
chain from which the stolen or expired
medical products were removed,
including a manufacturer, wholesaler,
repacker, own-label distributor,
private-label distributor, jobber,
broker, drug trader, transportation
company, hospital, pharmacy, or
security company; or
``(ii) violation--
``(I) involves the use of violence,
force, or a threat of violence or
force;
``(II) involves the use of a deadly
weapon;
``(III) results in injury,
including the injury of deprivation of
treatment, or death caused by ingestion
or use of a stolen or expired medical
product; or
``(IV) is the second or subsequent
offense under subsection (b) committed
by the person.
``(3) Civil penalties.--
``(A) In general.--The Attorney General may bring a
civil action in an appropriate United States district
court against any person that engages in conduct that
violates subsection (b).
``(B) Penalty.--In a civil action brought under
subparagraph (A) the court may impose a civil penalty
in an amount not more than the greater of 3 times the
economic loss attributable to the violation or
$1,000,000.''.
(b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United
States Code, is amended by inserting ``670,'' after ``657,''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 31 of title 18, United States Code, is amended by adding after
the item relating to section 669 the following:
``670. Theft of medical products.''.
SEC. 3. PENALTIES FOR THEFT-RELATED OFFENSES.
(a) Interstate or Foreign Shipments by Carrier.--Section 659 of
title 18, United States Code, is amended in the fifth undesignated
paragraph, by striking ``10 years'' and inserting ``20 years''.
(b) Racketeering.--Chapter 95 of title 18, United States Code, is
amended--
(1) in section 1952(a)(3)(A), by striking ``5 years'' and
inserting ``20 years''; and
(2) in section 1957(b)(1), by striking ``ten years'' and
inserting ``20 years''.
(c) Breaking or Entering Carrier Facilities.--Section 2117 of title
18, United States Code, is amended in the first undesignated paragraph
by striking ``ten years'' and inserting ``20 years''.
(d) Stolen Property.--Chapter 113 of title 18, United States Code,
is amended--
(1) in section 2314, in the sixth undesignated paragraph,
by striking ``ten years'' and inserting ``20 years''; and
(2) in section 2315, in the fourth undesignated paragraph,
by striking ``ten years'' and inserting ``20 years''.
SEC. 4. AMENDMENT TO RICO.
Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``, section 670 (relating to theft of medical products)''
before ``, sections 891''.
SEC. 5. AMENDMENT TO TITLE III.
Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (s) as paragraph (t); and
(2) by inserting after paragraph (r) the following:
``(s) any violation of section 670 (relating to theft of
medical products).''.
SEC. 6. AMENDMENT TO ORDER OF RESTITUTION.
Section 3663A(c)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by striking ``and'' at the end and
inserting ``or''; and
(3) by adding at the end the following:
``(iv) an offense under section 670 (relating to
theft of medical products); and''.
SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this Act, the United States
Sentencing Commission shall review and, if appropriate, amend the
Federal Sentencing Guidelines and policy statements applicable to a
person convicted of an offense under section 2118 of title 18, United
States Code, section 670 of title 18, United States Code, as added by
this Act, or other section of title 18 of the United States Code,
amended by this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Leahy under authority of the order of the Senate of 08/02/2012 with an amendment in the nature of a substitute. With written report No. 112-204.
Committee on the Judiciary. Reported by Senator Leahy under authority of the order of the Senate of 08/02/2012 with an amendment in the nature of a substitute. With written report No. 112-204.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 495.
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