[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1758 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1758

 To amend the Controlled Substances Act to provide penalties for open 
               air drug markets, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and 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 amend the Controlled Substances Act to provide penalties for open 
               air drug markets, and for other purposes.

    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 ``Open Air Drug Market Penalty Act of 
2005''.

SEC. 2. PENALTIES FOR OPEN AIR DRUG MARKETS.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

                        ``open air drug markets

    ``Sec. 423. (a) Whoever commits a specified Federal drug offense, 
knowing that at least one other has committed a specified Federal drug 
offense--
            ``(1) within 500 feet of the place the offense under this 
        section takes place; and
            ``(2) within a 48-hour period;
shall, in addition to any penalty imposed for the specified Federal 
drug offense, be imprisoned 5 years.
    ``(b) Notwithstanding any other provision of law, the court shall 
not place on probation or suspend the sentence of any person convicted 
for a violation of this section, nor shall the term of imprisonment 
imposed under this subsection run concurrently with any other term of 
imprisonment, including that imposed for the specified Federal drug 
offense.
    ``(c) As used in this section, the term `specified Federal drug 
offense' means a Federal offense--
            ``(1) of which an element is the distribution or attempted 
        distribution of a controlled substance; and
            ``(2) for which the maximum term of imprisonment that may 
        be imposed equals or exceeds 5 years.''.
    (b) Clerical Amendment.--The table of sections for title II of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the item relating to section 422 the following new 
item:

``Sec. 423. Open air drug markets.''.
                                 <all>