H.R. 1528, Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005, is yet another horrible drug war bill that Congress has considered.
Among other things, HR 1528:
--Virtually eliminates the ability of federal judges to give sentences below the minimum sentence recommended by federal sentencing guidelines, essentially creating a mandatory minimum sentence for every federal offense (including both drug and non-drug offenses).
--Expands the federal “three strikes and you’re out” law to include new offenses, including mandating life imprisonment (with no possibility of parole) for anyone convicted a third time under the RAVE Act.
--Mandates a 10-year minimum sentence for anyone 21 or older that gives marijuana or others drugs to someone under 18 (i.e. a 21 year old college students gives a joint to his 17-year old brother). A second offense would be life in prison.
--Expands what is considered to be a “drug-free” school zone to include almost any place in an urban area, and increases penalties for selling or distributing drugs in that area. (The result will be enhanced penalties for people in inner cities, while people in rural and suburban areas get less time for the same offense).
--Mandates a 5-year minimum sentence for any person that commits a drug trafficking offense near the presence of a person under 18 or in a place where such person resides for any period of time. The sentence is 10 years if they are parent. (I.e. a mother that sells her neighbor a joint will get a 10-year minimum sentence, even if her kids were at school at the time).
--Creates a new offense for persons who witness or learn about certain drug offenses that fail to report the drug offender to the police within 24 hours or fail to provide full assistance to the police in tracking and prosecuting the offender. Offenses that would get someone a 2-year minimum sentence, including failing to report a neighbor that is storing or selling drugs when that neighbor has kids, failing to report anyone that gives a joint to someone under the age of 21, and failing to report a college student that is selling marijuana on a college campus.
--Mandates a 5-year minimum sentence for any person that offers, solicits, encourages, or induces a person enrolled in drug treatment, or previously enrolled in drug treatment, to purchase, possess or receive drugs.
--Makes it a federal crime to provide "drug paraphernalia" to anyone. While the goal is to make it a crime - punishable by up to three years in prison - to give someone a bong as a birthday present, it would also make it a federal crime to provide someone with sterile syringes (except where it is explicitly authorized by local or state law). If enacted, it would essentially criminalize many needle exchange programs.
H.R. 1528 can be viewed by going to http://thomas.loc.gov, entering “HR1528” in the search box, checking “enter bill number”, and clicking “search”.
Among other things, HR 1528:
--Virtually eliminates the ability of federal judges to give sentences below the minimum sentence recommended by federal sentencing guidelines, essentially creating a mandatory minimum sentence for every federal offense (including both drug and non-drug offenses).
--Expands the federal “three strikes and you’re out” law to include new offenses, including mandating life imprisonment (with no possibility of parole) for anyone convicted a third time under the RAVE Act.
--Mandates a 10-year minimum sentence for anyone 21 or older that gives marijuana or others drugs to someone under 18 (i.e. a 21 year old college students gives a joint to his 17-year old brother). A second offense would be life in prison.
--Expands what is considered to be a “drug-free” school zone to include almost any place in an urban area, and increases penalties for selling or distributing drugs in that area. (The result will be enhanced penalties for people in inner cities, while people in rural and suburban areas get less time for the same offense).
--Mandates a 5-year minimum sentence for any person that commits a drug trafficking offense near the presence of a person under 18 or in a place where such person resides for any period of time. The sentence is 10 years if they are parent. (I.e. a mother that sells her neighbor a joint will get a 10-year minimum sentence, even if her kids were at school at the time).
--Creates a new offense for persons who witness or learn about certain drug offenses that fail to report the drug offender to the police within 24 hours or fail to provide full assistance to the police in tracking and prosecuting the offender. Offenses that would get someone a 2-year minimum sentence, including failing to report a neighbor that is storing or selling drugs when that neighbor has kids, failing to report anyone that gives a joint to someone under the age of 21, and failing to report a college student that is selling marijuana on a college campus.
--Mandates a 5-year minimum sentence for any person that offers, solicits, encourages, or induces a person enrolled in drug treatment, or previously enrolled in drug treatment, to purchase, possess or receive drugs.
--Makes it a federal crime to provide "drug paraphernalia" to anyone. While the goal is to make it a crime - punishable by up to three years in prison - to give someone a bong as a birthday present, it would also make it a federal crime to provide someone with sterile syringes (except where it is explicitly authorized by local or state law). If enacted, it would essentially criminalize many needle exchange programs.
H.R. 1528 can be viewed by going to http://thomas.loc.gov, entering “HR1528” in the search box, checking “enter bill number”, and clicking “search”.
