Mandatory Minimum Sentencing Legislation in the 113th Congress Page: 7 of 24
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Mandatory Minimum Sentencing Legislation in the 113th Congress
3088) would have disposed of these mandatory minimums as well.23 It would have left in place,
however, a fairly unique provision found in the school distribution, repeat offender provision of
21 U.S.C. 860(b):
Any person who violates section 841(a)(1) of this title ... by distributing, possessing with
intent to distribute, or manufacturing a controlled substance in or on, or within one thousand
feet of... a ... school ... or housing facility owned by a public housing authority, or within
100 feet of a public or private youth center, public swimming pool, or video arcade facility,
after a prior conviction under subsection (a) of this section has become final is punishable (1)
by the greater of (A) a term of imprisonment of not less than three years and not more than
life imprisonment or (B) three times the maximum punishment authorized by section 841(b)
of this title....
A summary of the changes in the existing controlled substance mandatory minimum terms of
imprisonment, proposed in the Durbin (S. 1410)/Labrador (H.R. 3382) (which the Judiciary
Committee left unchanged) and Waters (H.R. 3088) proposals, appears in Table 1.
Table I.Terms of Imprisonment: Controlled Substances
Offense Present Law S. 1410/H.R. 3382 H.R. 30881. (a)(i) Trafficking: Sec.
841(b)(1)(A) substances
(e.g. I kilo. + of heroin)
(ii) if death or serious
injury results
(b)(i) one prior violation
(ii) and death or serious
injury results
(c) two or more prior
violations
II. (a)(i) Trafficking: Sec.
841(b)(1)(B) substance (e.g.
I Og + of heroin)
(ii) if death or serious
injury results
(b)(i)one prior violation
(ii) and death or serious
injury results
Ill. (a) Trafficking to a child
where no mandatory
minimum otherwise appliesnot less than 10 years or
more than life
not less than 20 years or
more than life
not less than 20 years or
more than life
lifelife
not less than 5 years or
more than lifeno change
not less than 10 years or
more than life
no changeno change
not less than 5 years or
more than 40 years
not less than 20 years or
more than life
not less than 10 years or
more than life
lifenot less than I year
not less than 2 years or
more than 40 yearsno change
not less than 5 years or
more than life
lifeno change
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
not more than 40 years
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
any term of years or life
(no mandatory minimum)
no mandatory minimum23 H.R. 3088, 4, proposed 21 U.S.C. 859(a), (b); 21 U.S.C. 860(a), (b); proposed 21 U.S.C. 861(b), (c).
Congressional Research Service
4
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Mandatory Minimum Sentencing Legislation in the 113th Congress, report, January 22, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817126/m1/7/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.