A bill to provide for the public safety and to increase the deterrent potential of the Federal criminal law; by requiring the imposition of certain penalties for persons convicted of offenses involving the trafficking of narcotic drugs, to provide for an assessment of the effect of Federal sentencing provisions and practices generally.
Federal Narcotics Drug Trafficking Offenses and Sentencing Act - Title I: Declaration of Purpose - Finds and declares that narcotic addiction in the United States is a significant factor in the commission of serious crimes against persons and property.
States it is the purpose of this Act to insure the public safety more effectively by: (1) reducing on an emergency basis the incidence of illicit narcotics trafficking through the deterrent influence of criminal penalties; and (2) requiring the Attorney General to collect, analyze and report regularly information and data on the operation of the Federal, State and local sentencing systems and the relationship between minimum-maximum sentencing, and deterrence and recidivism.
Title II: Increased Penalities as a Deterrent - States that in the case of a compound, mixture, or substance containing less than ten ounces of a controlled substance in Schedule I or II of the Controlled Substances Act which is a narcotic drug a person who violates the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall be sentenced to a term of imprisonment of not less than five years nor more than fifteen years and may in addition be fined not more than $25,000, provided that in the case of such compound, mixture or substance containing less than one-eight of one ounce of such controlled narcotic drug, such person may be sentenced, in the discretion of the Court, to less than the mandatory minimum. Provides that the sentence may include a special parole term of not less than 3 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended, and probation shall not be granted.
States that if such person has been convicted of one or more felonies under any provision of the United States relating to controlled substances or any offense under State or foreign law relating to a narcotic drug in Schedule I or II which offense would be a felony under this Act and one or more of the convictions have become final, he shall be sentenced to imprisonment for a term of years of not less than 5 years nor more than 30 years, and may in addition be fined not more than $50,000. Provides that the sentence may include a special parole term of not less than 6 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended, and probation shall not be granted.
States that if the crime was committed while such person was released prior to trial on a charge of violating this Act, he shall be sentenced to imprisonment for a term of years of not less than 5 years, nor more than 30 years, and may in addition be fined not more than $50,000. Provides that the sentence may include a special parole term of not less than 6 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended and probation shall not be granted.
States that in the case of a compound, mixture, or substance containing more than ten ounces of a controlled substance in Schedule I or II which is a narcotic drug such person shall be sentenced to imprisonment for a term of years of not less than 5 years, or for life and may in addition be fined not more than $100,000. Provides that the sentence, if for a term of years, may include a special parole term of not less than 6 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended and probation shall not be granted.
States that if such a person has been convicted of one or more felonies under any provision of law of the United States relating to controlled substances or for an offense under State or foreign law relating to a narcotic drug in Schedule I or II which offense would be a felony under this Act and one or more of the convictions have become final, he shall be sentenced to a term of imprisonment for a term of years of not less than 7 years, or for life and may in addition be fined not more than $200,000. Provides that the sentence, if for a term of years, may include a special parole term of not less than 6 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended, and probation shall not be granted.
States that if the crime was committed while such person was released prior to trial on a charge of violating this Act he shall be sentenced to a term of imprisonment for a term of years of not less than 7 years, or for life and may in addition be fined not more than $200,000. Provides that the sentence, if for a term of years, may include a special parole term of not less than 6 years in addition to such term of imprisonment. Directs that imposition or execution of such sentence shall not be suspended and probation shall not be granted.
States that any person who attempts or conspires to commit any offense defined in this Act shall be punished as prescribed for the commission of the offense which was the object of the attempt or conspiracy.
Title III: Development of Research on Impact and Effect of Federal, State and Local Sentencing Practices - Provides that the Attorney General shall direct the Institute for Criminal Justice of the Law Enforcement Assistance Administration: (1) to collect, synthesize and formulate information and data and to conduct research on a continuing basis relating to the operation and effect of Federal, State and local sentencing systems; and (2) to develop and recommend guidelines and standards for Federal, State and local Courts in sentencing, probation, parole and other forms of release of offenders.
Introduced in Senate
Referred to Senate Committee on Judiciary.
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