S. 2125 (104th): Drug Importer Death Penalty Act of 1996

104th Congress, 1995–1996. Text as of Sep 25, 1996 (Introduced).

Status & Summary | PDF | Source: GPO

S 2125 IS

104th CONGRESS

2d Session

S. 2125

To provide a sentence of death for certain importations of significant quantities of controlled substances.

IN THE SENATE OF THE UNITED STATES

September 25, 1996

Mr. LOTT introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To provide a sentence of death for certain importations of significant quantities of controlled substances.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Drug Importer Death Penalty Act of 1996’.

SEC. 2. INCREASED PENALTIES FOR INTERNATIONAL DRUG TRAFFICKING.

    Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by adding at the end the following:

    ‘(e)(1) Notwithstanding any other provision of law, the court shall sentence a person convicted of a violation of subsection (a), consisting of bringing into the United States a mixture or substance--

      ‘(A) which is described in subsection (b)(1); and

      ‘(B) in an amount the Attorney General by rule has determined is equal to 100 usual dosage amounts of such mixture or substance;

    to imprisonment for life without possibility of release. If the defendant has violated this subsection on more than one occasion and the requirements of chapter 228 of title 18, United States Code, are satisfied, the court shall sentence the defendant to death.

    ‘(2) The maximum fine that otherwise may be imposed, but for this subsection, shall not be reduced by operation of this subsection.’

SEC. 3. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    (a) INCLUSION OF OFFENSE- Section 3591(b) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of paragraph (1);

      (2) by striking the comma at the end of paragraph (2) and inserting ‘; or’ at the end of paragraph (2); and

      (3) by inserting after paragraph (2) the following:

      ‘(3) an offense described in section 1010(e)(1) of the Controlled Substances Import and Export Act;’

    (b) ADDITIONAL AGGRAVATING FACTOR- Section 3592(d) of title 18, United States Code, is amended by inserting after paragraph (8) the following:

      ‘(9) SECOND IMPORTATION OFFENSE- The offense consisted of a second or subsequent violation of section 1010(a) of the Controlled Substances Import and Export Act consisting of bringing a controlled substance into the United States.’.