Sec. 403. Consistency in the use of prior convictions for mandatory sentencing enhancements
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/bill/114/hr/2944/ih/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 102(44) of the Controlled Substances Act ( 21 U.S.C. 802(44) ) is amended to read as follows: For the purpose of increased punishment based on a prior conviction for a felony drug offense , the term ‘felony drug offense’— means an offense under Federal or State law that— has as an element the knowing manufacture, distribution, import, export, or possession with intent to distribute a controlled substance; is classified by the applicable law of the jurisdiction as a felony for which a maximum term of imprisonment of 10 years or more is prescribed by law; and for which a sentence of imprisonment exceeding 1 year and 1 month was imposed and was not suspended; but does not include an offense for which— the conviction occurred more than 10 years before the defendant’s commission of the instant offense, excluding any period during which the defendant was incarcerated; the prosecution relating to the offense was ultimately dismissed, including in a case in which the defendant previously entered a plea of guilty or nolo contendere; the conviction has been reversed, vacated, set aside, or otherwise vitiated by judicial action; the conviction was expunged; the defendant has been pardoned or had civil rights restored; or the conviction was unconstitutional under the caselaw of the United States Supreme Court in effect at the time the conviction occurred or after the conviction became final. .
Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended by adding at the end the following: For the purpose of increased punishment based on a prior conviction for a drug trafficking offense , that term has the same meaning as the term felony drug offense under paragraph (44). . chapter 44 of title 18, United States Code Section 924(e)(2) of title 18, United States Code, is amended— in subparagraph (A), by striking means— and all that follows through the end of the subparagraph and inserting means a ; felony drug offense as that term is defined in section 102(44) of the Controlled Substances Act; in subparagraph (B), by inserting , for which a sentence of imprisonment exceeding 1 year and 1 month was imposed and not suspended after adult ; and in subparagraph (C), by striking the period at the end and inserting , but does not include a conviction for any offense that is not classified as a felony by the applicable law of the jurisdiction or is a conviction of the sort described in subparagraph
(B)of section 102(44) of the Controlled Substances Act and does not include any finding that the defendant committed an act of juvenile delinquency that was made more than 10 years before the defendant’s commencement of the instant offense, excluding any period during which the defendant was incarcerated; and . Section 924(e) of title 18, United States Code, is amended by adding at the end the following: A person may not be sentenced to increased punishment under this subsection unless, before trial or entry of a guilty plea, the United States Attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon. . Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— in subparagraph (A)— in the flush text following clause (viii), by striking life imprisonment, a fine and inserting imprisonment for 35 years, a fine ; and in the flush text following clause (viii), by striking term of life imprisonment without release and inserting imprisonment for 35 years ; in subparagraph (B), in the flush text following clause (viii), by striking life imprisonment, a fine and inserting imprisonment for 35 years, a fine ; and in subparagraph (C), by striking life imprisonment, a fine and inserting imprisonment for 35 years, a fine . The amendments made by this subsection apply with respect to convictions occurring before, on, or after the date of the enactment of this Act. Section 411 of the Controlled Substances Act ( 21 U.S.C. 851 ) is amended by striking paragraph
(2)of subsection
(a)and inserting the following: No person who is convicted of an offense under this part shall be sentenced to increased punishment by reason of a prior conviction if— except as provided in paragraph (4), the Government fails, before trial, or before entry of a plea of guilty, to file an information with the court and serves a copy of such information on the person or counsel for that person, stating any previous conviction upon which the Government intends to rely for the enhanced penalty; the person was not convicted as alleged in the information; the conviction is for simple possession of a controlled substance, the offense was classified as a misdemeanor under the law of the jurisdiction in which the proceedings were held, or the proceedings resulted in a disposition that was not deemed a conviction under that law; the conviction has been dismissed, expunged, vacated, or set aside, or for which the person has been pardoned or has had civil rights restored; the conviction is invalid; or the person is otherwise not subject to an increased sentence as a matter of law. An information may not filed under this section— if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed; or more than 10 years after the date the judgment for the prior conviction was entered, excluding any period during which the defendant was incarcerated. Upon a showing by the Government that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty, the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining those facts. Clerical mistakes in the information, or in the underlying conviction records, may be amended at any time prior to the pronouncement of the sentence. The Government shall bear the burden of proof beyond a reasonable doubt regarding the existence and accuracy of any prior conviction alleged. The person with respect to whom the information was filed may challenge a prior conviction before sentence is imposed. If a prior conviction that was a basis for increased punishment under this part has been vacated in any State or Federal proceeding, or is for an offense that no longer qualifies as a felony drug offense under United States Supreme Court or relevant circuit caselaw, the person shall be resentenced to any sentence available under the law at the time of resentencing, not to exceed the original sentence. . Paragraph
(4)of section 3559(c) of title 18, United States Code, is amended to read as follows: A person may not be sentenced to increased punishment under this subsection unless, before trial or entry of a guilty plea, the United States Attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon. . Section 3559(c)(7) of title 18, United States Code, is amended by inserting not to exceed the original sentence before the period at the end.
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Sec. 403
Consistency in the use of prior convictions for mandatory sentencing enhancements
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