Sec. 3. Broadening of existing safety valve
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/bill/114/hr/3713/rh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3553 of title 18, United States Code, is amended— in subsection (f), by striking paragraph
(1)and inserting the following: the defendant does not have— more than 4 criminal history points as determined under the sentencing guidelines; a prior 3-point offense, as determined under the sentencing guidelines; or a prior 2-point drug trafficking or violent offense, as determined under the sentencing guidelines; ; and by adding at the end the following: If subsection
(f)does not apply to a defendant because the defendant does not meet the requirements described in subsection (f)(1) (relating to criminal history), the court may, upon prior notice to the Government, waive subsection (f)(1) if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection (f)(1) substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes. This subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony as defined in paragraphs
(57)and (58), respectively, of section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). As used in this section— the term drug trafficking offense means an offense that is punishable by imprisonment under any law of the United States, or of a State or foreign country, that prohibits or restricts the importation, manufacture, or distribution of controlled substances or the possession of controlled substances with intent to distribute; and the term violent offense means a crime of violence , as defined in section 16, that is punishable by imprisonment. . The amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.
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Sec. 3
Broadening of existing safety valve
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