[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2901 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2901

    To amend title 18, United States Code, with respect to terms of 
 imprisonment and supervised release following revocation of a term of 
                    probation or supervised release.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1993

 Mr. Schumer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, with respect to terms of 
 imprisonment and supervised release following revocation of a term of 
                    probation or supervised release.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IMPOSITION OF SENTENCE.

    Section 3553(a)(4) of title 18, United States Code, is amended to 
read as follows:
            ``(4) the kinds of sentence and the sentencing range 
        established for--
                    ``(A) the applicable category of offense committed 
                by the applicable category of defendant as set forth in 
                the guidelines issued by the Sentencing Commission 
                pursuant to section 944(a)(1) of title 28, United 
                States Code, and that are in effect on the date the 
                defendant is sentenced; or
                    ``(B) in the case of a violation of probation or 
                supervised release, the applicable guidelines or policy 
                statements issued by the Sentencing Commission pursuant 
                to section 994(a)(3) of title 28, United States 
                Code,''.

SEC. 2. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.

    Section 3563(a)(3) of title 18, United States Code, is amended by 
striking ``possess illegal controlled substances'' and inserting 
``unlawfully possess a controlled substance''.

SEC. 3. REVOCATION OF PROBATION.

    (a) In General.--Section 3565(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (2), by striking ``impose any other 
        sentence that was available under subchapter A at the time of 
        the initial sentencing'' and inserting ``resentence the 
        defendant under subchapter A''; and
            (2) by striking the last sentence.
    (b) Mandatory Revocation.--Section 3565(b) of title 18, United 
States Code, is amended to read as follows:
    ``(b) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in section 3563(a)(3);
            ``(2) possesses a firearm, as such term is defined in 
        section 921 of this title, in violation of Federal law, or 
        otherwise violates a condition of probation prohibiting the 
        defendant from possessing a firearm; or
            ``(3) refuses to comply with drug testing imposed as a 
        condition of probation;
the court shall revoke the sentence of probation and resentence the 
defendant under subchapter A to a sentence that includes a term of 
imprisonment.''.

SEC. 4. SUPERVISED RELEASE AFTER IMPRISONMENT.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking ``possess illegal 
        controlled substance'' and inserting ``unlawfully possess a 
        controlled substance'';
            (2) in subsection (e)--
                    (A) by striking ``person'' each place it appears in 
                such subsection and inserting ``defendant''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) revoke a term of supervised release, and require the 
        defendant to serve in prison all or part of the term of 
        supervised release authorized by statute for the offense that 
        resulted in such term of supervised release without credit for 
        time previously served on postrelease supervision, if the 
        court, pursuant to the Federal Rules of Criminal Procedure 
        applicable to revocation of probation or supervised release, 
        finds by a preponderance of the evidence that the defendant 
        violated a condition of supervised release, except that a 
        defendant whose term is revoked under this paragraph may not be 
        required to serve more than 5 years in prison if the offense 
        that resulted in the term of supervised release is a class A 
        felony, more than 3 years in prison if such offense is a class 
        B felony, more than 2 years in prison if such offense is a 
        class C or D felony, or more than one year in any other case; 
        or''; and
            (3) by striking subsection (g) and inserting the following:
    ``(g) Mandatory Revocation for Possession of Controlled Substance 
or Firearm or Refusal To Comply With Drug Testing.--If the defendant--
            ``(1) possesses a controlled substance in violation of the 
        condition set forth in subsection (d);
            ``(2) possesses a firearm, as such term is defined in 
        section 921 of this title, in violation of Federal law, or 
        otherwise violates a condition of supervised release 
        prohibiting the defendant from possessing a firearm; or
            ``(3) refuses to comply with drug testing imposed as a 
        condition of supervised release;
the court shall revoke the term of supervised release and require the 
defendant to serve a term of imprisonment not to exceed the maximum 
term of imprisonment authorized under subsection (e)(3).
    ``(h) Supervised Release Following Revocation.--When a term of 
supervised release is revoked and the defendant is required to serve a 
term of imprisonment that is less than the maximum term of imprisonment 
authorized under subsection (e)(3), the court may include a requirement 
that the defendant be placed on a term of supervised release after 
imprisonment. The length of such a term of supervised release shall not 
exceed the term of supervised release authorized by statute for the 
offense that resulted in the original term of supervised release, less 
any term of imprisonment that was imposed upon revocation of supervised 
release.
    ``(i) Delayed Revocation.--The power of the court to revoke a term 
of supervised release for violation of a condition of supervised 
release, and to order the defendant to serve a term of imprisonment 
and, subject to the limitations in subsection (h), a further term of 
supervised release, extends beyond the expiration of the term of 
supervised release for any period reasonably necessary for the 
adjudication of matters arising before its expiration if, before its 
expiration, a warrant or summons has been issued on the basis of an 
allegation of such a violation.''.

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