C
HAIRMAN
G
RASSLEY
’
S
NEW
AND
IMPROVED
SENTENCING
REFORM
AND
CORRECTIONS
ACT
STRIKES ALL CHANGES TO THE ARMED CAREER CRIMINAL ACT SUBSTANTIALLY LIMITS THE CHANGES TO THE OTHER FIREARM PROVISION SUBSTANTIALLY LIMITS RETROACTIVITY TO EXCLUDE VIOLENT CRIMINALS ADDS A MANDATORY SENTENCING ENHANCEMENT FOR FENTANYL CRIMES
Section 101. Reforms and Targets Enhanced Mandatory Minimums for Prior Drug Felons
•
Still reduces the enhanced mandatory minimums from Life to 25 years and from 20 to 15 years
•
Still expands the use of those minimums to any offender convicted of a serious violent felony
•
But now prohibits
any
retroactive relief for
any
offender convicted of
any
serious violent felony
•
And now excludes prior non-violent drug convictions if sentence was completed more than 15 years ago
Section 102. Broadens the Existing Safety Valve for Non-Violent Low-Level Offenders
•
Still expands the existing safety valve to offenders with up to 4 criminal history points
•
Still requires offenders to cooperate and not to have engaged in any violence
•
But now limits sentencing enhancements for cooperation except for violent offenses
•
And now does not exclude offenders with misdemeanors and other minor prior offenses
Section 103. Creates a 2
nd
Safety Valve for Non-Violent Low-Level Offenders Facing 10-Year Minimums
•
Still preserves and targets the 10-year minimum to offenders with leadership roles
•
Still excludes offenders with
any
prior conviction for
any
serious drug or violent crime
•
Still requires offenders to cooperate and not to have engaged in any violence
•
But now limits sentencing enhancements for cooperation except for violent offenses
•
And now clarifies that minor players in large drug conspiracy are eligible
Section 104. Makes the Enhanced 25-Year Minimum for Certain Firearm Offenses a Recidivist Penalty
•
Still preserves the enhanced minimum for criminals with prior firearm convictions
•
But now prohibits
any
retroactive relief for
any
offender convicted of
any
serious violent felony
•
And now eliminates the reduction in the penalty from 25 to 15 years
•
And now eliminates the expansion to criminals with prior state firearm convictions
Old Section 105. Removed Entirely: No Changes to the Armed Career Criminal Statute
Section 105. Retains Retroactive Application of Fair Sentencing Act
Section 106. Retains the New Mandatory Minimum for Interstate Domestic Violence
Section 107. Retains the New Mandatory Minimum for Certain Export Control Offenses Section 108. Retains the Report and Inventory of All Federal Criminal Offenses Section 109. Adds a New Mandatory Sentencing Enhancement for Offenses Involving Fentanyl