[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 41 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                 H. R. 41

To provide a sentence of death for certain importations of significant 
                  quantities of controlled substances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Gingrich introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide a sentence of death for certain importations of significant 
                  quantities of controlled substances.

    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 ``Drug Importer Death Penalty Act of 
1997''.

SEC. 2. INCREASED PENALTIES FOR INTERNATIONAL DRUG TRAFFICKING.

    Section 1010 of the Controlled Substances Import and Export Act (21 
U.S.C. 960) is amended by adding at the end the following:
    ``(e)(1) Notwithstanding any other provision of law, the court 
shall sentence a person convicted of a violation of subsection (a), 
consisting of bringing into the United States a mixture or substance--
            ``(A) which is described in subsection (b)(1); and
            ``(B) in an amount the Attorney General by rule has 
        determined is equal to 100 usual dosage amounts of such mixture 
        or substance;
to imprisonment for life without possibility of release. If the 
defendant has violated this subsection on more than one occasion and 
the requirements of chapter 228 of title 18, United States Code, are 
satisfied, the court shall sentence the defendant to death.
    ``(2) The maximum fine that otherwise may be imposed, but for this 
subsection, shall not be reduced by operation of this subsection.''.

SEC. 3. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    (a) Inclusion of Offense.--Section 3591(b) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the comma and inserting ``; or'' at the end 
        of paragraph (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) an offense described in section 1010(e)(1) of the 
        Controlled Substances Import and Export Act;''.
    (b) Additional Aggravating Factor.--Section 3592(d) of title 18, 
United States Code, is amended by inserting after paragraph (8) the 
following:
            ``(9) Second importation offense.--The offense consisted of 
        a second or subsequent violation of section 1010(a) of the 
        Controlled Substances Import and Export Act consisting of 
        bringing a controlled substance into the United States.''.
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