[Congressional Record Volume 144, Number 52 (Friday, May 1, 1998)]
[Senate]
[Pages S4035-S4036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ASHCROFT:
  S. 2023. A bill to provide increased penalties for drug offenses 
involving minors; to the Committee on the Judiciary.


                  THE PROTECT OUR CHILDREN ACT OF 1998

  S. 2024. A bill to increase the penalties for trafficking in 
methamphetamine in order to equalize those penalties with the penalties 
for trafficking in crack cocaine; to the Committee on the Judiciary.


    the methamphetamine trafficking penalty enhancement act of 1998

  Mr. ASHCROFT. Mr. President, today I am introducing three bills: No. 
1, The Protect Our Children Act. This legislation substantially 
increases the penalties on adults who distribute drugs to minors, who 
sell drugs in or near schools, and who use minors to distribute drugs.
  Each of these crimes currently carries a 1-year mandatory minimum 
sentence. My legislation would raise the mandatory term for each of 
these crimes to 3 years.
  The legislation also makes it a crime for an adult to use a minor to 
commit a violent crime. Adults found guilty of using a minor would be 
subject to two times the maximum imprisonment and two times the maximum 
fine for the violent crime itself. We need to make it especially costly 
for adults who decide to use minors to commit crimes, because they 
think they can avoid the penalty themselves and because they believe 
that the minor might not have a substantial liability for punishment.
  The second bill which I am introducing is the Methamphetamine 
Trafficking Penalty Enhancement Act. Meth production and trafficking 
are enormous problems across America, particularly in my home State of 
Missouri. The Methamphetamine Trafficking Penalty Enhancement Act 
equalizes penalties for crack cocaine and meth trafficking by setting a 
5-year mandatory term for 5 grams of methamphetamine and a 10-year 
mandatory sentence for 50 grams.
  Mr. President, I ask unanimous consent that the texts of the bills be 
printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 2023

       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 ``Protect Our Children Act of 
     1998''.

     SEC. 2. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

       Section 418 of the Controlled Substances Act (21 U.S.C. 
     859) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 3. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A 
                   SCHOOL OR OTHER PROTECTED LOCATION.

       Section 419 of the Controlled Substances Act (21 U.S.C. 
     860) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``three years'' each 
     place that term appears and inserting ``5 years''.

     SEC. 4. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE 
                   DRUGS.

       Section 420 of the Controlled Substances Act (21 U.S.C. 
     861) is amended--
       (1) in subsection (b), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (c), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 5. USE OF MINORS IN CRIMES OF VIOLENCE.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 25. Use of minors in crimes of violence

       ``(a) Penalties.--Except as otherwise provided by law, 
     whoever, being not less than 18 years of age, knowingly and 
     intentionally uses a minor to commit a crime of violence, or 
     to assist in avoiding detection or apprehension for a crime 
     of violence, shall--
       ``(1) be subject to 2 times the maximum imprisonment and 2 
     times the maximum fine for the crime of violence; and
       ``(2) for second or subsequent convictions under this 
     subsection, be subject to 3 times the maximum imprisonment 
     and 3 times the maximum fine otherwise provided for the crime 
     of violence in which the minor is used.
       ``(b) Definitions.--In this section:
       ``(1) Crime of violence.--The term `crime of violence' has 
     the same meaning as in section 16.
       ``(2) Minor.--The term `minor' means a person who is less 
     than 18 years of age.
       ``(3) Uses.--The term `uses' means employs, hires, 
     persuades, induces, entices, or coerces.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``25. Use of minors in crimes of violence.''.

                                S. 2024

       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 ``Methamphetamine Trafficking 
     Penalty Enhancement Act of 1998''.

     SEC. 2. METHAMPHETAMINE PENALTY INCREASES.

       (a) Controlled Substances Act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (1) in subparagraph (A)(viii)--
       (A) by striking ``100 grams'' and inserting ``50 grams''; 
     and
       (B) by striking ``1 kilogram'' and inserting ``500 grams''; 
     and
       (2) in subparagraph (B)(viii)--
       (A) by striking ``10 grams'' and inserting ``5 grams''; and
       (B) by striking ``100 grams'' and inserting ``50 grams''.
       (b) Controlled Substances Import and Export Act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended--
       (1) in paragraph (1)(H)--
       (A) by striking ``100 grams'' and inserting ``50 grams''; 
     and

[[Page S4036]]

       (B) by striking ``1 kilogram'' and inserting ``500 grams''; 
     and
       (2) in paragraph (2)(H)--
       (A) by striking ``10 grams'' and inserting ``5 grams''; and
       (B) by striking ``100 grams'' and inserting ``50 grams''.
                                 ______