[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1596 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1596

  To provide for application of the sentencing guidelines for certain 
 nonviolent offenses in which a mandatory minimum term of imprisonment 
                      would otherwise be required.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 27 (legislative day, October 13), 1993

Mr. Simon (for himself, Mr. Thurmond, Mr. Kennedy, Mr. Simpson, and Mr. 
Leahy) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for application of the sentencing guidelines for certain 
 nonviolent offenses in which a mandatory minimum term of imprisonment 
                      would otherwise be required.

    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 ``Sentencing Improvement Act of 
1993''.

SEC. 2. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE 
              PROVISIONS IN CERTAIN CIRCUMSTANCES.

    (a) Amendment of Title 18, United States Code.--Section 3553 of 
title 18, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) Exception to Certain Statutory Minimum Sentencing 
Provisions.--
            ``(1) Sentencing under this section.--In the case of an 
        offense described in paragraph (2), the court shall, 
        notwithstanding the requirement of a mandatory minimum 
        sentence, impose a sentence in accordance with this section and 
        the sentencing guidelines and any pertinent policy statement 
        issued by the United States Sentencing Commission.
            ``(2) Offenses.--An offense is described in this paragraph 
        if--
                    ``(A) the defendant is subject to a mandatory 
                minimum term of imprisonment for violating, attempting 
                to violate, or conspiring to violate section 401 or 404 
                of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960);
                    ``(B) the defendant does not have more than 1 
                criminal history point under the sentencing guidelines;
                    ``(C) the defendant did not cause, attempt to 
                cause, or credibly threaten to cause the death of, or 
                serious bodily injury to, any person during the course 
                of the offense;
                    ``(D) the defendant did not carry or otherwise 
                possess a firearm or explosive during the course of the 
                offense and did not direct another person to do so;
                    ``(E) the defendant was not an organizer, leader, 
                manager, or supervisor of others (as determined under 
                the sentencing guidelines) in the offense; and
                    ``(F) the offense did not result in death or 
                serious bodily injury as a result of--
                            ``(i) the use of the controlled substance; 
                        or
                            ``(ii) the act of any person which was 
                        reasonably foreseeable and for which the 
                        defendant is legally accountable.''.
    (b) Conforming Amendments.--(1) Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)) is amended by inserting ``or section 
3553(f) of title 18, United States Code,'' after ``420 of this title'' 
the first time it appears.
    (2) Section 404(a) of the Controlled Substances Act (21 U.S.C. 
844(a)) is amended by striking the penultimate sentence and inserting 
the following: ``A mandatory minimum sentence required by this section 
shall not apply in the case of a person subject to section 3553(f) of 
title 18, United States Code.''.
    (3) Section 1010(a) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(a)) is amended by inserting ``, except as provided 
in section 3553(f) of title 18, United States Code'' before the period.
    (4) Section 411(a) of the Controlled Substances Act (21 U.S.C. 
851(a)) is amended by adding at the end thereof the following new 
paragraph:
    ``(3) This section shall not apply to any determination of a 
defendant's criminal history under the sentencing guidelines, including 
any determination of criminal history that, under section 3553(f) of 
title 18, United States Code, disqualifies the defendant from 
consideration for a sentence below an otherwise applicable mandatory 
minimum.''.
    (c) Harmonization.--The United States Sentencing Commission--
            (1) may make such amendments as it deems necessary and 
        appropriate to harmonize the sentencing guidelines and policy 
        statements with section 3553(f) of title 18, United States 
        Code, as added by subsection (a), and promulgate policy 
        statements to assist the courts in interpreting that provision;
            (2) shall review the consideration of defendants' criminal 
        histories under the guidelines and make such amendments to the 
        sentencing guidelines and policy statements as the Commission 
        determines necessary and appropriate to ensure that--
                    (A) defendants with significant criminal histories 
                resulting from foreign convictions are sentenced 
                commensurate with the seriousness of their prior 
                criminal records to the extent that consideration of 
                such foreign convictions is constitutional and 
                practical;
                    (B) defendants with juvenile adjudications 
                involving significant acts of misconduct are sentenced 
                commensurate with the seriousness of such misconduct to 
                the extent that consideration of such misconduct is 
                practical and relevant to the purposes of sentencing; 
                and
                    (C) the assignment to a defendant of a single 
                criminal history point adequately reflects the 
                seriousness of such a defendant's prior criminal 
                conduct; and
            (3) may promulgate any such amendments under the procedures 
        set forth in section 21(a) of the Sentencing Act of 1987 
        (Public Law 100-182; 101 Stat. 1271), as though the authority 
        under that section had not expired.
    (d) Sentencing Commission Study.--The United States Sentencing 
Commission shall monitor the operation of this Act and the amendments 
made by this Act and, not later than 18 months following the date of 
enactment of this Act, provide a report to Congress describing--
            (1) sentences imposed under the Act;
            (2) the findings pursuant to the review mandated by 
        subsection (c)(2); and
            (3) any recommendations for changes in the Act that the 
        Commission believes are warranted.
    (e) Effective Date.--The amendments made by subsections (a) and (b) 
and any amendments to the sentencing guidelines and policy statements 
made by the United States Sentencing Commission pursuant to subsection 
(c) shall apply with respect to sentences imposed for offenses 
committed on or after the date of enactment of this Act.

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