[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2050 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2050

     To provide an enhanced penalty for distribution of controlled 
                   substances to recovering addicts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 3, 1996

   Mr. Biden introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To provide an enhanced penalty for distribution of controlled 
                   substances to recovering addicts.

    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 ``Recovering Addict Protection Act of 
1996''.

SEC. 2. ENHANCED PENALTY FOR DISTRIBUTION OF CONTROLLED SUBSTANCES TO 
              RECOVERING ADDICTS.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall promulgate guidelines or amend existing guidelines to provide an 
appropriate enhancement of the punishment for a defendant convicted of 
violating section 401(a)(1) of the Controlled Substances Act (21 U.S.C. 
841(a)(1)) if the defendant distributes, dispenses, or possesses with 
intent to distribute or dispense, a controlled substance to a person 
the defendant knows or should know is a recovering narcotics addict.
    (b) Recovering Narcotics Addict.--For purposes of subsection (a), 
the term ``recovering narcotics addict'' means any individual who--
            (1)(A) has previously habitually used any narcotic drug, as 
        defined in section 102 of the Controlled Substances Act (21 
        U.S.C. 802(17)), so as to endanger the public morals, health, 
        safety, or welfare; or
            (B) who has been so far addicted to the use of such 
        narcotic drug as to have lost the power of self-control with 
        reference to such addiction; and
            (2) has stopped using such narcotic drug by engaging in 
        treatment as defined in section 2901(d) of title 28, United 
        States Code.
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