Mandatory Minimum Sentencing Legislation in the 113th Congress Page: 2 of 24
View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mandatory Minimum Sentencing Legislation in the 113th Congress
Summary
Defendants convicted of violating certain federal criminal laws face the prospect of mandatory
minimum terms of imprisonment. Bills offered during the 113th Congress would have
supplemented, enhanced, or eliminated some of these. The most all-encompassing, H.R. 1695
(Representative Scott (VA)) and S. 619 (Senator Paul) would have permitted federal courts to
impose a sentence below an otherwise applicable mandatory minimum when necessary to avoid
violating certain statutory directives.
Federal drug statutes feature a series of mandatory minimums. S. 1410 (Senator Durbin)/H.R. 3382
(Representative Labrador) and S. 1410 (Judiciary), as voted by the Judiciary Committee, would
have reduced several of the most severe of these. H.R. 3088 (Representative Waters) would have
eliminated virtually all of them. The Durbin bill would also have enlarged the safety valve
exception. The safety valve provision allows a federal court to sentence qualified defendants below
the statutory mandatory minimum in drug cases, if the defendant has a virtually spotless criminal
record, that is, has not more than one criminal history point. S. 1410 would have expanded safety
valve eligibility to defendants with a slightly more extensive criminal record. Elsewhere, H.R. 2372
(Representative Scott (VA)) would have dropped the sentencing distinction between powder and
crack cocaine by striking the cocaine base specific references. Two proposals would have
addressed the Fair Sentencing Act's retroactive application. One, H.R. 2369 (Representative Scott
(VA)) would have permitted a court to reduce, consistent with the act, a previously imposed
sentence for crack cocaine possession or trafficking. The second, S. 1410 (Senator Durbin), would
also have permitted a court to reduce such sentences, but would have limited the authority to
instances in which the defendant had not been previously granted or denied a similar reduction.
The firearms bills were mixed. H.R. 2405 (Representative Scott (VA)) would have stripped the
mandatory minimums from 924(c) that outlaws possession of a firearm in furtherance of a crime
of violence or serious drug offense. On the other hand, H.R. 722 (Representative King (NY))
would have added two years to each of 924(c)'s mandatory minimums, if the firearm were stolen
or had had its serial number defaced. H.R. 404 (Representative Schiff) would have established a
two-year mandatory minimum term of imprisonment for violation of either of the two firearm
acquisition false statement (straw purchaser) proscriptions, if the offense involved two or more
firearms and an intent to subsequently transfer them to an ineligible person. H.R. 117
(Representative Holt) would have required the Attorney General to establish a system of handgun
registration and licensing. Possession without a federal license or of an unregistered handgun
would have been punishable by imprisonment for not less than 15 years.
Several proposals would have added or enhanced the mandatory minimums associated with
individual offenses. For instance, S. 1410 (Judiciary) would have set new mandatory minimums for
various weapons and sex offenses. H.R. 1468 (Representative Blackburn) would have created a
separate crime for anyone who, during and in relation to a computer fraud or abuse violation,
substantially impaired or attempted to impair the operation of a critical infrastructure computer
system or an associated critical infrastructure. H.R. 457 (Representative Issa) would have
established mandatory minimum penalties for an alien previously removed from the U.S. for his
criminal activities. H.R. 1577 (Representative Poe) and S. 698 (Senator Cornyn) would have
expanded the class of protected public servants; increased the penalties associated with homicides
committed against them; established mandatory minimum terms of imprisonment for killing or
assaulting them; and created a new flight-to-avoid-prosecution offense for fugitives accused of
such crimes, punishable by a mandatory minimum term of imprisonment.
The 113t Congress adjourned without enacting any of the proposals relating to mandatory
minimum sentencing.Congressional Research Service
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Mandatory Minimum Sentencing Legislation in the 113th Congress, report, January 22, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817126/m1/2/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.