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H.R. 3883: HELP Act of 2017

The text of the bill below is as of Sep 28, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 3883

IN THE HOUSE OF REPRESENTATIVES

September 28, 2017

(for himself and Mr. Chabot) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for enhanced penalties for certain offenses relating to controlled substances containing fentanyl, and for other purposes.

1.

Short title

This Act may be cited as the Help Ensure Lives are Protected Act of 2017 or the HELP Act of 2017.

2.

Enhanced penalties for certain offenses relating to controlled substances containing fentanyl

(a)

Controlled substances act amendments

Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following:

(8)

In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.

(9)

In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.

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(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 by adding at the end the following:

(8)

In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of heroin also contains a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.

(9)

In the case of a violation of subsection (a) involving a mixture or substance in an amount of 100 grams or more, if the mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide was represented to be or sold as heroin, and if death or serious bodily injury results from the use of such substance, such person shall be sentenced to life imprisonment or death.

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