Summary: H.R.5946 — 93rd Congress (1973-1974)All Information (Except Text)

There is one summary for H.R.5946. Bill summaries are authored by CRS.

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Introduced in House (03/21/1973)

Heroin Trafficking Act - Title I: Increased Penalties - Increases penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a mixture or substance containing any amount of heroin or morphine which is a controlled substance under schedule I or II of the Controlled Substances Act. States that if the person was convicted of the offense with respect to less than four ounces of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than ten years, or for life, and could be fined not more than $100,000. States that, if a person convicted of an offense involving less than four ounces had previously been convicted of a Federal, State or foreign felony relating to heroin or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to a minimum mandatory sentence of not less than ten years, or a life sentence, and may be fined not more than $100,000.

Provides that if a person convicted of an offense involving four ounces or more had prevously been convicted of a Federal, State or foreign felony relating to heroin or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing, on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to life imprisonment with no parole. Directs that no sentence under these provisions could be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied.

Provides that a conviction of illegally possessing four or more ounces of a mixture or substance containing any amount of heroin or morphine would require a sentence of imprisonment for a term of years of not less than 10 years, or for life, with parole, and, in addition, a possible fine of not more than $100,000.

States that if the person had previously been convicted of a Federal, State, or foreign felony relating to heroin or morphine controlled in schedule I or II, or if the offense was committed while the person was released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, there would be a sentence of life imprisonment with no parole. Provides that execution of a sentence imposed under these provisions could not be suspended, probation could be granted, and the Federal Youth Corrections Act could not be applied.

Increases the penalties for illegal importation or exportation, or manufacture or distribution for illegal

Increases the penalties for illegal importation or exportation, or manufacture or distribution for illegal importation, of heroin or morphine. States that if the person was convicted of the offense with respect to less than four ounces of a mixture or substance containing any amount of heroin or morphine controlled in schedule I or II, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such a mixture or substance, he would be sentenced to a mandatory minimum sentence of ten years, of for life, and could be fined not more than $100,000. States that sentence could not be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied.

Title II: Conditions of Release - Requires a judicial officer in setting conditions of pretrial release, under the Bail Reform Act of 1966, of a person charged under the Controlled Substances Act or the Controlled Substances Import and Export Act with an offense relating to heroin or morphine which is a controlled substance in schedule I or II, to consider the safety of others and their property and the safety of the community in addition to the consideration of risk of right.

Denies release pending trial, absent compelling curcumstances, to certain categories of persons charged with a violation of this Act.

Provides for Appeals from orders denying pretrial release to be taken by the individual Appeals from orders granting pretrial to be taken by the United States.