[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2023 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2023

   To provide increased penalties for drug offenses involving minors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 1998

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

_______________________________________________________________________

                                 A BILL


 
   To provide increased penalties for drug offenses involving minors.

    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 ``Protect Our Children Act of 1998''.

SEC. 2. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 3. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL OR 
              OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``three years'' each 
        place that term appears and inserting ``5 years''.

SEC. 4. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 5. USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a crime of violence, or to assist in avoiding detection 
or apprehension for a crime of violence, shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine for the crime of violence; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum imprisonment and 
        3 times the maximum fine otherwise provided for the crime of 
        violence in which the minor is used.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the same meaning as in section 16.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 18, 
United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.
                                 <all>