Mandatory Minimum Sentencing Legislation in the 114th Congress (CRS Report for Congress)
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| Release Date |
April 29, 2015 |
| Report Number |
R44006 |
| Report Type |
Report |
| Authors |
Charles Doyle, Senior Specialist in American Public Law |
| Source Agency |
Congressional Research Service |
Summary:
A surprising number of federal crimes carry mandatory minimum terms of imprisonment; that is, they are punishably by imprisonment for a term of not less than some number of years. During the 114th Congress, Members have introduced a number of related proposals. Some would expand the scope of existing mandatory minimum sentencing provisions; others would contract their reach.
The most sweeping proposal is that of Representative Scott (VA) (H.R. 706) and Senator Paul (S. 353), which impacts mandatory minimum sentencing across the board, allowing federal courts to disregard statutory mandatory minimum sentencing requirements in order to avoid conflicts with general sentencing standards.
Other proposals are more narrowly drawn, and speak to a particular class of crime. Representative Polis (H.R. 1013), for example, has suggested decriminalizing marijuana, thereby eliminating the mandatory minimum sentencing provisions now associated with marijuana.
Several bills, including those offered by Senators Cornyn (S. 178), Feinstein (S. 140), and Kirk (S. 572), as well as those offered by Representatives Poe (H.R. 181, H.R. 296), Granger (H.R. 1201), and Wagner (H.R. 285), would clarify or expand the coverage of a number of federal sex trafficking offenses, in one way or another, thereby increasing the number of defendants facing mandatory minimum sentences.
While proposals relating to sex trafficking would largely increase the number of mandatory minimum sentences imposed, most of the proposals relating to drug trafficking would have the opposite impact. Senator Lee's S. 502 and Representative Labrador's H.R. 920, for instance, would reduce the mandatory minimum sentences that accompany a number of drug trafficking offenses. The same bills would expand the so-called safety valve which allows a court to sentence certain low-level drug offenders below the otherwise applicable mandatory minimum sentence. Finally, Representative Scott's H.R. 1255 would eliminate the distinction between powder and crack cocaine, and as a consequence potentially reduce the number of defendants subject to the more severe drug trafficking mandatory minimums.
Firearms legislation is more varied. Existing law imposes a series of mandatory minimum sentences when a firearm is associated with the commission of a crime of violence or drug trafficking (18 U.S.C. 924(c)). Representative Scott's H.R. 1254 would convert all of Section 924(c)'s mandatory minimums (not-less-than) to statutory maximums (not-more-than). Senator McCain's S. 847 and Representative McSally's H.R. 1588, on the other hand, would make Section 924(c)'s mandatory minimums available not only in cases involving crimes of violence or drug trafficking, but also those involving the smuggling of aliens.
Many of the proposals in the 114th Congress built upon earlier offerings in the 113th Congress, as described in CRS Report R43296, Mandatory Minimum Sentencing Legislation in the 113th Congress, by Charles Doyle.
