IN THE SENATE OF THE UNITED STATES
March 20, 2013
Mr. Paul(for himself andMr. Leahy) introduced the following bill; which was read twice and referred to theCommittee on the Judiciary
To amend title 18, United States Code, to prevent unjust and irrational criminal punishments.
This Act may be cited as the
Justice Safety Valve Act of
Authority to impose a sentence below a statutory minimum
Section 3553 of title 18, United States Code, is amended by adding at the end the following:
Authority To impose a sentence below a statutory minimum To prevent an unjust sentence
Notwithstanding any provision of law other than this subsection, the court may impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements ofsubsection (a).
Court to give parties notice
Before imposing a sentence underparagraph (1), the court shall give the parties reasonable notice of the court’s intent to do so and an opportunity to respond.
Statement in writing of factors
The court shall state, in the written statement of reasons, the factors undersubsection (a)that require imposition of a sentence below the statutory minimum.
Appeal rights not limited
This subsection does not limit any right to appeal that would otherwise exist in its absence.