Sec. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG FELONIES
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## SEC. 401 REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG FELONIES ###
(a)Controlled Substances Act Amendments The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— ####
(1)in section 102 (21 U.S.C. 802), by adding at the end the following: > > #### “(57) > > The term ‘serious drug felony’ means an offense described in section 924(e)(2) of title 18, United States Code, for which— > > > ##### “(A) > > the offender served a term of imprisonment of more than 12 months; and > > > ##### “(B) > > the offender’s release from any term of imprisonment was within 15 years of the commencement of the instant offense. > > > #### “(58) > > The term ‘serious violent felony’ means— > > > ##### “(A) > > an offense described in section 3559(c)(2) of title 18, United States Code, for which the offender served a term of imprisonment of more than 12 months; and > > > ##### “(B) > > any offense that would be a felony violation of section 113 of title 18, United States Code, if the offense were committed in the special maritime and territorial jurisdiction of the United States, for which the offender served a term of imprisonment of more than 12 months.” > ; and ####
(2)in section 401(b)(1) (21 U.S.C. 841(b)(1))— #####
(A)in subparagraph (A), in the matter following clause (viii)— ######
(i)by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years” and inserting the following: “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years”; and ######
(ii)by striking “after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release” and inserting the following: “after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years”; and #####
(B)in subparagraph (B), in the matter following clause (viii), by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final” and inserting the following: “If any person commits 132 STAT. 5221 such a violation after a prior conviction for a serious drug felony or serious violent felony has become final”. ###
(b)Controlled Substances Import and Export Act Amendments Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended— ####
(1)in paragraph (1), in the matter following subparagraph (H), by striking “If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years” and inserting “If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years”; and ####
(2)in paragraph (2), in the matter following subparagraph (H), by striking “felony drug offense” and inserting “serious drug felony or serious violent felony”. ###
(c)Applicability to Pending Cases **[**[21 U.S.C. 802 note](/us/usc/t21/s802)**]** This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.
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Sec. 401
REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG FELONIES
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