I 111th CONGRESS 2d Session H. R. 6059 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.

1.

Short title

This Act may be cited as the Federal First Offender Improvement Act of 2010.

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.