Sec. 402. Broadening of existing safety valve
312 words·~1 min read·
/bill/115/s/3649/pcs/section-402A 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)— in the matter preceding paragraph (1)— by striking or section 1010 and inserting , section 1010 ; and by inserting , or section 70503 or 70506 of title 46 after 963) ; by striking paragraph
(1)and inserting the following: the defendant does not have— more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; a prior 3-point offense, as determined under the sentencing guidelines; and a prior 2-point violent offense, as determined under the sentencing guidelines; ; and by adding at the end the following: Information disclosed by a defendant under this subsection may not be used to enhance the sentence of the defendant unless the information relates to a violent offense. ; 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 those terms are defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). As used in this section, 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.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 402
Broadening of existing safety valve
Cites 1Cited by 0 across 0 sources