[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2567 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2567

    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 15, 2011

  Mr. Pierluisi (for himself, Ms. Jackson Lee of Texas, Mr. Scott of 
 Virginia, Mr. Nadler, Mr. Cohen, Mr. Johnson of Georgia, Ms. Linda T. 
Sanchez of California, Mr. Towns, Ms. Norton, Mr. Farr, Mr. Gene Green 
 of Texas, Ms. Woolsey, Mr. Davis of Illinois, Ms. DeGette, Ms. Lee of 
California, Mr. McGovern, Mr. Reyes, Mr. Baca, Mr. Grijalva, Ms. Moore, 
and Mr. Polis) 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 2011''.

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 described in 
        section 404 of the Controlled Substances Act (21 U.S.C. 844)'' 
        and inserting ``is found guilty of an offense under'';
            (2) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) section 401 or 406 of the Controlled Substances Act 
        (21 U.S.C. 841, 846), and--
                    ``(A) 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;
                    ``(B) the offense did not result in death or 
                serious bodily injury to any person;
                    ``(C) 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 (21 
                U.S.C. 848);
                    ``(D) that person has not previously been the 
                subject of a disposition under this subsection; and
                    ``(E) 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; or
            ``(2) section 404 of the Controlled Substances Act (21 
        U.S.C. 844), and--
                    ``(A) that person has not previously been the 
                subject of a disposition under this subsection; and
                    ``(B) 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''; and
            (3) by striking ``one year'' and inserting ``2 years (or, 
        in the case of an offense under section 404 of the Controlled 
        Substances Act (21 U.S.C. 844), not more than 1 year)''.
    (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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