Hampton
8th June 2005, 23:15
The bill H.R. 1528, Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005, is one of the worst drug war bills that Congress has ever considered.
Among other things, HR 1528:
--Virtually eliminates the ability of federal judges to give sentences below the minimum sentence recommended by federal sentencing guidelines, essentially creating a mandatory minimum sentence for every federal offense (including both drug and non-drug offenses).
--Expands the federal “three strikes and you’re out” law to include new offenses, including mandating life imprisonment (with no possibility of parole) for anyone convicted a third time under the RAVE Act.
--Mandates a 10-year minimum sentence for anyone 21 or older that gives marijuana or others drugs to someone under 18 (i.e. a 21 year old college students gives a joint to his 17-year old brother). A second offense would be life in prison.
--Expands what is considered to be a “drug-free” school zone to include almost any place in an urban area, and increases penalties for selling or distributing drugs in that area. (The result will be enhanced penalties for people in inner cities, while people in rural and suburban areas get less time for the same offense).
--Mandates a 5-year minimum sentence for any person that commits a drug trafficking offense near the presence of a person under 18 or in a place where such person resides for any period of time. The sentence is 10 years if they are parent. (I.e. a mother that sells her neighbor a joint will get a 10-year minimum sentence, even if her kids were at school at the time).
--Creates a new offense for persons who witness or learn about certain drug offenses that fail to report the drug offender to the police within 24 hours or fail to provide full assistance to the police in tracking and prosecuting the offender. Offenses that would get someone a 2-year minimum sentence, including failing to report a neighbor that is storing or selling drugs when that neighbor has kids, failing to report anyone that gives a joint to someone under the age of 21, and failing to report a college student that is selling marijuana on a college campus.
--Mandates a 5-year minimum sentence for any person that offers, solicits, encourages, or induces a person enrolled in drug treatment, or previously enrolled in drug treatment, to purchase, possess or receive drugs.
--Makes it a federal crime to provide "drug paraphernalia" to anyone. While the goal is to make it a crime - punishable by up to three years in prison - to give someone a bong as a birthday present, it would also make it a federal crime to provide someone with sterile syringes (except where it is explicitly authorized by local or state law). If enacted, it would essentially criminalize many needle exchange programs.
If you "witness" certain drug offenses taking place or "learn" that they took place you would have to report the offense to law enforcement within 24 hours and provide "full assistance" in the investigation, apprehension, and prosecution of the people involved. Failure to do so would be a crime punishable by a mandatory two year prison sentence.
Here are some examples of offenses you would have to report to the police within 24 hours:
You see someone you know pass a joint to a 20-year old college student.
Your cousin mentions that he bought Ecstasy for some of his college friends.
You find out that your brother, who has kids, recently bought a small amount of marijuana to share with his wife.
Your substance-abusing daughter recently begged her boyfriend to find her some drugs even though they're both in drug treatment.
In each of these cases you face jail time if you don't call the police within 24 hours. It doesn't matter if the offender is your friend or relative. It also doesn't matter if you need 48 hours to think about it. You have to report the person to the government within 24 hours or go to jail. You also have to assist the government in every way, including wearing a wire if needed. Refusing to cooperate would cost you at least two years in prison (possibly up to ten). In addition to turning family member against family member, the legislation could also put many Americans into dangerous situations by forcing them to go undercover to gain evidence against strangers.
Link. (http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1528:)
Among other things, HR 1528:
--Virtually eliminates the ability of federal judges to give sentences below the minimum sentence recommended by federal sentencing guidelines, essentially creating a mandatory minimum sentence for every federal offense (including both drug and non-drug offenses).
--Expands the federal “three strikes and you’re out” law to include new offenses, including mandating life imprisonment (with no possibility of parole) for anyone convicted a third time under the RAVE Act.
--Mandates a 10-year minimum sentence for anyone 21 or older that gives marijuana or others drugs to someone under 18 (i.e. a 21 year old college students gives a joint to his 17-year old brother). A second offense would be life in prison.
--Expands what is considered to be a “drug-free” school zone to include almost any place in an urban area, and increases penalties for selling or distributing drugs in that area. (The result will be enhanced penalties for people in inner cities, while people in rural and suburban areas get less time for the same offense).
--Mandates a 5-year minimum sentence for any person that commits a drug trafficking offense near the presence of a person under 18 or in a place where such person resides for any period of time. The sentence is 10 years if they are parent. (I.e. a mother that sells her neighbor a joint will get a 10-year minimum sentence, even if her kids were at school at the time).
--Creates a new offense for persons who witness or learn about certain drug offenses that fail to report the drug offender to the police within 24 hours or fail to provide full assistance to the police in tracking and prosecuting the offender. Offenses that would get someone a 2-year minimum sentence, including failing to report a neighbor that is storing or selling drugs when that neighbor has kids, failing to report anyone that gives a joint to someone under the age of 21, and failing to report a college student that is selling marijuana on a college campus.
--Mandates a 5-year minimum sentence for any person that offers, solicits, encourages, or induces a person enrolled in drug treatment, or previously enrolled in drug treatment, to purchase, possess or receive drugs.
--Makes it a federal crime to provide "drug paraphernalia" to anyone. While the goal is to make it a crime - punishable by up to three years in prison - to give someone a bong as a birthday present, it would also make it a federal crime to provide someone with sterile syringes (except where it is explicitly authorized by local or state law). If enacted, it would essentially criminalize many needle exchange programs.
If you "witness" certain drug offenses taking place or "learn" that they took place you would have to report the offense to law enforcement within 24 hours and provide "full assistance" in the investigation, apprehension, and prosecution of the people involved. Failure to do so would be a crime punishable by a mandatory two year prison sentence.
Here are some examples of offenses you would have to report to the police within 24 hours:
You see someone you know pass a joint to a 20-year old college student.
Your cousin mentions that he bought Ecstasy for some of his college friends.
You find out that your brother, who has kids, recently bought a small amount of marijuana to share with his wife.
Your substance-abusing daughter recently begged her boyfriend to find her some drugs even though they're both in drug treatment.
In each of these cases you face jail time if you don't call the police within 24 hours. It doesn't matter if the offender is your friend or relative. It also doesn't matter if you need 48 hours to think about it. You have to report the person to the government within 24 hours or go to jail. You also have to assist the government in every way, including wearing a wire if needed. Refusing to cooperate would cost you at least two years in prison (possibly up to ten). In addition to turning family member against family member, the legislation could also put many Americans into dangerous situations by forcing them to go undercover to gain evidence against strangers.
Link. (http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1528:)