New Bill Would Allow Federal Judges to Go Below Minimum Mandatory Sentences in Order to Avoid an Unjust Sentence

 

S.619 — Justice Safety Valve Act of 2013 (Introduced in Senate – IS)
 

S 619 IS

113th CONGRESS
1st Session
S. 619
To amend title 18, United States Code, to prevent unjust and irrational criminal punishments.

IN THE SENATE OF THE UNITED STATES
March 20, 2013
Mr. PAUL (for himself and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Justice Safety Valve Act of 2013′.

SEC. 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.’.

Written by

Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.