[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 399 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 399

To amend title 18, United States Code, to prevent unjust and irrational 
                         criminal punishments.


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                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2019

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

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                                 A BILL


 
To amend title 18, United States Code, to prevent unjust and irrational 
                         criminal punishments.

    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 ``Justice Safety Valve Act of 2019''.

SEC. 2. AUTHORITY TO IMPOSE A SENTENCE BELOW A STATUTORY MINIMUM.

    Section 3553 of title 18, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Authority To Impose a Sentence Below a Statutory Minimum To 
Prevent an Unjust Sentence.--
            ``(1) General rule.--Notwithstanding any provision of law 
        other than this subsection, the court may impose a sentence 
        below a statutory minimum if the court finds that it is 
        necessary to do so in order to avoid violating the requirements 
        of subsection (a).
            ``(2) Court to give parties notice.--Before imposing a 
        sentence under paragraph (1), the court shall give the parties 
        reasonable notice of the court's intent to do so and an 
        opportunity to respond.
            ``(3) Statement in writing of factors.--The court shall 
        state, in the written statement of reasons, the factors under 
        subsection (a) that require imposition of a sentence below the 
        statutory minimum.
            ``(4) Appeal rights not limited.--This subsection does not 
        limit any right to appeal that would otherwise exist in its 
        absence.''.
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