[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3919

 To direct the United States Sentencing Commission to provide penalty 
 enhancements for drug offenses committed in the presence of children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 1998

 Mr. Nethercutt (for himself, Mr. Livingston, Ms. Dunn of Washington, 
 Mr. Hayworth, Mrs. Myrick, Mrs. Emerson, Mr. Latham, Mr. Gilman, Mr. 
   Sam Johnson, Mr. Hastert, Mr. Wicker, Mr. Hutchinson, Mr. Barr of 
  Georgia, Mr. McCollum, Mr. Souder, Mr. Hastings of Washington, Mr. 
   Metcalf, Mr. Mica, Mr. Sessions, and Ms. Granger) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the United States Sentencing Commission to provide penalty 
 enhancements for drug offenses committed in the presence of children.

    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 ``Save Our Children Act of 1998''.

SEC. 2. GUIDELINES.

    The United States Sentencing Commission shall amend or promulgate 
sentencing guidelines no later than 120 days after the date of 
enactment of this Act to provide that an offense under part D of the 
Controlled Substances Act which is committed in the presence of a child 
receives a penalty enhancement. The Sentencing Guidelines, as so 
amended or promulgated, shall reflect a minimum 2 offense levels 
greater than the offense level for the underlying offense or one year, 
whichever is greater, and in the case of a second such offense, not 
less than 4 offense levels greater or 2 years than the offense level, 
whichever is higher, for the underlying offense.

SEC. 3. DEFINITION.

    For the purposes of this Act, an offense is in the presence of a 
child if--
            (1) it takes place in the line of sight of an individual 
        who has not attained the age of 18 years; or
            (2) an individual who has not attained the age of 18 years 
        habitually resides in the place where the violation occurs.
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