[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6059 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6059

    To amend title 18, United States Code, to provide for deferred 
sentencing and the possibility of dismissal for drug offenders, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

  Mr. Pierluisi (for himself, Ms. Jackson Lee of Texas, Mr. Scott of 
Virginia, Ms. Moore of Wisconsin, Mr. Towns, Mr. Davis of Illinois, Mr. 
 Cohen, Ms. Woolsey, Ms. DeGette, Mr. McGovern, Mr. Polis of Colorado, 
 Mr. Baca, Mr. Grijalva, Mr. Grayson, Mr. Nadler of New York, and Mr. 
    Farr) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide for deferred 
sentencing and the possibility of dismissal for drug offenders, 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 ``Federal First Offender Improvement 
Act of 2010''.

SEC. 2. DEFERRED SENTENCING WITH THE POSSIBILITY OF DISMISSAL FOR DRUG 
              OFFENDERS.

    (a) In General.--Section 3607(a) of title 18, United States Code, 
is amended--
            (1) by striking ``found guilty of an offense under section 
        404 of the Controlled Substances Act (21 U.S.C. 844)'' and 
        inserting ``is found guilty of an offense under section 401, 
        404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 
        844, 846), and'';
            (2) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) that person did not use violence or credible threats 
        of violence or possess a firearm or other dangerous weapon (or 
        induce another participant to do so) in connection with the 
        offense;
            ``(2) the offense did not result in death or serious bodily 
        injury to any person;
            ``(3) that person was not an organizer, leader, manager, or 
        supervisor of others in the offense, as determined under the 
        sentencing guidelines and was not engaged in a continuing 
        criminal enterprise, as defined in section 408 of the 
        Controlled Substances Act;
            ``(4) that person has not previously been the subject of a 
        disposition under this subsection; and
            ``(5) that person has not been previously convicted of a 
        crime of violence or other offense punishable by a term of 
        imprisonment for more than one year;''; and
            (3) by striking ``one year'' and inserting ``2 years''.
    (b) Expungement.--Section 3607(c) of title 18, United States Code, 
is amended--
            (1) by striking ``found guilty of an offense under section 
        404 of the Controlled Substances Act (21 U.S.C. 844)'' and 
        inserting ``found guilty of an offense under section 401, 404, 
        or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, 
        846)''; and
            (2) by striking ``, and the person was less than twenty-one 
        years old at the time of the offense''.
    (c) Conforming Amendments.--
            (1) The heading for section 3607 of title 18, United States 
        Code, is amended by striking ``drug possessors'' and inserting 
        ``drug offenders''.
            (2) The item relating to section 3607 in the table of 
        sections at the beginning of subchapter A of chapter 229 of 
        title 18, United States Code, is amended by striking ``drug 
        possessors'' and inserting ``drug offenders''.
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