Smarter Sentencing Act of 2013 - Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.)
Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed.
Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances.
Directs the Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing.
Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3382 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3382
To focus limited Federal resources on the most serious offenders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2013
Mr. Labrador (for himself, Mr. Scott of Virginia, Mr. Conyers, Mr.
Johnson of Georgia, Mr. Richmond, Mr. Bachus, Mr. Cohen, Mr. Jeffries,
and Mr. Rodney Davis of Illinois) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To focus limited Federal resources on the most serious offenders.
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 ``Smarter Sentencing Act of 2013''.
SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.
Section 3553(f)(1) of title 18, United States Code, is amended by
striking ``defendant'' and all that follows through ``point'' and
inserting ``criminal history category for the defendant is not higher
than category 2''.
SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372),
that was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense, may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by sections 2
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat.
2372) or if a motion made under this section to reduce the sentence was
previously denied. Nothing in this section shall be construed to
require a court to reduce any sentence pursuant to this section.
SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(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), in the flush text following clause
(viii)--
(A) by striking ``10 years or more'' and inserting
``5 years or more''; and
(B) by striking ``such person shall be sentenced to
a term of imprisonment which may not be less than 20
years and'' and inserting ``such person shall be
sentenced to a term of imprisonment which may not be
less than 10 years and''; and
(2) in subparagraph (B), in the flush text following clause
(viii)--
(A) by striking ``5 years'' and inserting ``2
years''; and
(B) by striking ``not be less than 10 years'' and
inserting ``not be less than 5 years''.
(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), in the flush text following
subparagraph (H)--
(A) by striking ``not less than 10 years'' and
inserting ``not less than 5 years''; and
(B) by striking ``such person shall be sentenced to
a term of imprisonment of not less than 20 years'' and
inserting ``such person shall be sentenced to a term of
imprisonment of not less than 10 years''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by striking ``5 years'' and inserting ``2
years''; and
(B) by striking ``10 years'' and inserting ``5
years''.
SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by sections 2 and 4 of this Act and reflect the intent
of Congress that such penalties be decreased in accordance with the
amendments made by section 4 of this Act.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent and
serious drug traffickers who present public safety risks remain
appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 6. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate a report outlining how the
reduced expenditures on Federal corrections and the cost savings
resulting from this Act will be used to help reduce overcrowding in the
Federal Bureau of Prisons, help increase proper investment in law
enforcement and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal justice
spending.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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