[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1315 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1315

To make improvements in title 18, United States Code, and safeguard the 
               integrity of the criminal justice system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

 Mr. Leahy (for himself and Mr. Hatch) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make improvements in title 18, United States Code, and safeguard the 
               integrity of the criminal justice system.

    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 ``Judicial Improvement and Integrity 
Act of 2001''.

SEC. 2. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER WITH 
              WITNESSES, VICTIMS, OR INFORMANTS.

    (a) In General.--Section 1512 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
    ``(2) Whoever uses physical force or the threat of physical force 
against any person, or attempts to do so, with intent to--
            ``(A) influence, delay, or prevent the testimony of any 
        person in an official proceeding;
            ``(B) cause or induce any person to--
                    ``(i) withhold testimony, or withhold a record, 
                document, or other object, from an official proceeding;
                    ``(ii) alter, destroy, mutilate, or conceal an 
                object with intent to impair the integrity or 
                availability of the object for use in an official 
                proceeding;
                    ``(iii) evade legal process summoning that person 
                to appear as a witness, or to produce a record, 
                document, or other object, in an official proceeding; 
                or
                    ``(iv) be absent from an official proceeding to 
                which that person has been summoned by legal process; 
                or
            ``(C) hinder, delay, or prevent the communication to a law 
        enforcement officer or judge of the United States of 
        information relating to the commission or possible commission 
        of a Federal offense or a violation of conditions of probation, 
        supervised release, parole, or release pending judicial 
        proceedings;
shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3), as redesignated--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A); and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
            ``(B) in the case of--
                    ``(i) an attempt to murder; or
                    ``(ii) the use or attempted use of physical force 
                against any person;
        imprisonment for not more than 20 years; and
            ``(C) in the case of the threat of use of physical force 
        against any person, imprisonment for not more than 10 years.'';
            (2) in subsection (b), by striking ``or physical force''; 
        and
            (3) by adding at the end the following:
    ``(j) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.
    (b) Retaliating Against a Witness.--Section 1513 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(e) Whoever conspires to commit any offense under this section 
shall be subject to the same penalties as those prescribed for the 
offense the commission of which was the object of the conspiracy.''.
    (c) Conforming Amendments.--
            (1) Witness tampering.--Section 1512 of title 18, United 
        States Code, is amended in subsections (b)(3) and (c)(2) by 
        inserting ``supervised release,'' after ``probation''.
            (2) Retaliation against a witness.--Section 1513 of title 
        18, United States Code, is amended in subsections (a)(1)(B) and 
        (b)(2) by inserting ``supervised release,'' after 
        ``probation''.

SEC. 3. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH A 
              FINE AND IMPRISONMENT.

    (a) In General.--Title 18 of the United States Code is amended--
            (1) in section 401, by inserting ``or both,'' after ``fine 
        or imprisonment,'';
            (2) in section 1705, by inserting ``, or both'' after 
        ``years''; and
            (3) in sections 1916, 2234, and 2235, by inserting ``, or 
        both'' after ``year''.
    (b) Imposition by Magistrate.--Section 636 of title 28, United 
States Code, is amended--
            (1) in subsection (e)(2), by inserting ``, or both,'' after 
        ``fine or imprisonment''; and
            (2) in subsection (e)(3), by inserting ``or both,'' after 
        ``fine or imprisonment,''.

SEC. 4. REINSTATEMENT OF COUNTS DISMISSED PURSUANT TO A PLEA AGREEMENT.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3296. Counts dismissed pursuant to a plea agreement
    ``(a) In General.--Notwithstanding any other provision of this 
chapter, any counts of an indictment or information that are dismissed 
pursuant to a plea agreement shall be reinstated by the District Court 
if--
            ``(1) the counts sought to be reinstated were originally 
        filed within the applicable limitations period;
            ``(2) the counts were dismissed pursuant to a plea 
        agreement approved by the District Court under which the 
        defendant pled guilty to other charges;
            ``(3) the guilty plea was subsequently vacated on the 
        motion of the defendant; and
            ``(4) the United States moves to reinstate the dismissed 
        counts within 60 days of the date on which the order vacating 
        the plea becomes final.
    ``(b) Defenses; Objections.--Nothing in this section shall preclude 
the District Court from considering any defense or objection, other 
than statute of limitations, to the prosecution of the counts 
reinstated under subsection (a).''.
    (b) Technical and Conforming Amendment.--Chapter 213 of title 18, 
United States Code, is amended in the table of sections by adding at 
the end the following new item:

``3296. Counts dismissed pursuant to a plea agreement.''.

SEC. 5. APPEALS FROM CERTAIN DISMISSALS.

    Section 3731 of title 18, United States Code, is amended by 
inserting ``, or any part thereof'' after ``as to any one or more 
counts''.

SEC. 6. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    (a) Drug Abuse Penalties.--Subparagraphs (A), (B), (C), and (D) of 
section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) are amended by striking ``Any sentence'' and inserting 
``Notwithstanding section 3583 of title 18, any sentence''.
    (b) Penalties for Drug Import and Export.--Section 1010(b) of the 
Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is 
amended--
            (1) in paragraphs (1), (2), and (3), by striking ``Any 
        sentence'' and inserting ``Notwithstanding section 3583 of 
        title 18, any sentence''; and
            (2) in paragraph (4), by inserting ``notwithstanding 
        section 3583 of title 18,'' before ``in addition to such term 
        of imprisonment''.

SEC. 7. AUTHORITY OF COURT TO IMPOSE A SENTENCE OF PROBATION OR 
              SUPERVISED RELEASE WHEN REDUCING A SENTENCE OF 
              IMPRISONMENT IN CERTAIN CASES.

    Section 3582(c)(1)(A) of title 18, United States Code, is amended 
by inserting ``(and may impose a sentence of probation or supervised 
release with or without conditions)'' after ``may reduce the term of 
imprisonment''.

SEC. 8. CLARIFICATION THAT MAKING RESTITUTION IS A PROPER CONDITION OF 
              SUPERVISED RELEASE.

    Subsections (c) and (e) of section 3583 of title 18, United States 
Code, are amended by striking ``and (a)(6) and inserting ``(a)(6), and 
(a)(7)''.
                                 <all>