Narcotic Sentencing Act

Summary

Narcotic Sentencing Act - Title I: Mandatory Minimum Sentences - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to impose specified minimum penalties on individuals convicted of enumerated offenses related to the distribution, transportation, and manufacture of opiates. Permits the court to sentence the defendant to a shorter term of parole ineligibility or imprisonment if, at the time of the offense, the offender was: (1) mentally impaired; (2) under unusual and substantial duress; or (3) an accomplice whose participation in the offense was minor. Permits the court to take such action if the defendant, subsequent to arrest, reveals information useful in apprehending other violators of this Act. Eliminates the former requirement that the offender be 18 years of age to be subject to the penalties prescribed for opiate-related offenses. Amends the Federal Rules of Criminal Procedure to require a hearing to determine whether a term of imprisonment and parole ineligibility is mandatory in the case of an individual convicted of an opiate-related offense under this Act. Title II: Conditions of Release - Requires judicial officers setting conditions of release for any person charged with an opiate-related offense under this Act to consider which conditions will assure the safety of the community and of witnesses to the offense and which conditions will reasonably assure the avoidance of future similar offenses by the person charged. Permits judicial officers to deny the release of any such person if that person: (1) has previously been convicted of an offense related to an opiate; (2) at the time of the offense was on parole, probation, or other conditional release; (3) is a nonresident alien; (4) was arrested while in possession of a passport or other documentation necessary for international travel incorrectly identifying such person or belonging to someone else; or (5) has been convicted of having been a fugitive from justice, an escapee, or for willfully failing to appear before a court or judicial officer under Federal or State law. Stipulates that no individual shall be denied release unless the judicial officer holds a hearing and finds that there are no satisfactory conditions of release and that there is a substantial probability that the person committed the charged offense. Title III: Forfeiture of Proceeds of Illegal Drug Transactions - Makes all proceeds of an offense described in this Act subject to forfeiture to the United States.

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1 official file

• Introduced in House

  summary · EN · 21 July 1976

  Open at official source

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