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H.R. 2435 (115th): Justice Safety Valve Act of 2017

The text of the bill below is as of May 16, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 2435

IN THE HOUSE OF REPRESENTATIVES

May 16, 2017

(for himself and Mr. Massie) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prevent unjust and irrational criminal punishments.

1.

Short title

This Act may be cited as the Justice Safety Valve Act of 2017.

2.

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:

(g)

Authority To impose a sentence below a statutory minimum To prevent an unjust sentence

(1)

General rule

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 of subsection (a).

(2)

Court to give parties notice

Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court’s intent to do so and an opportunity to respond.

(3)

Statement in writing of factors

The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum.

(4)

Appeal rights not limited

This subsection does not limit any right to appeal that would otherwise exist in its absence.

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