The Justice Safety Valve Act of 2013 ( in the House or in the Senate) is a
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
in the
113th United States Congress
The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
.
The bill would allow courts to impose criminal penalties below the statutory
minimum sentences under certain circumstances.
Purpose
The bill amends the federal criminal
US code
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
of the United States title 18, Part II, Chapter 227, Subchapter A, Section 3553 Imposition of a Sentence. It aimed to authorize a federal court to impose a sentence below a statutory minimum if necessary to avoid violating federal provisions prescribing factors courts must consider in imposing a sentence. It requires the court to give parties notice of its intent to impose a lower sentence and to state in writing the factors requiring such a sentence.
Procedural history
Senator
Rand Paul
Randal Howard Paul (born January 7, 1963) is an American physician and politician serving as the junior U.S. senator from Kentucky since 2011. A member of the Republican Party, he is a son of former three-time presidential candidate and 12 ...
(R-KY) introduced S. 619 on March 20, 2013.
Rep.
Bobby Scott (D-VA) introduced the bill to the House of Representatives as H.R. 1695 on April 24, 2013.
The bill was rescheduled for an Executive Business Meeting again on December 12 and 19, 2013, along with S1675 and S1410. It became a calendar item along with a number of judiciary nominations. The three pieces of legislation were held over from the December 19th meeting.
On November 21, 2013, the United States
Senate Judiciary Committee convened in a rescheduled Executive Business Meeting. The meeting was to discuss and possibly vote on moving forward with the Justice Safety Valve Act. Other related Acts include the S.1410, "
The Smarter Sentencing Act of 2013" (Durbin, Lee, Leahy, Whitehouse) and
S.1675, Recidivism Reduction and Public Safety Act of 2013 (Whitehouse, Portman). The Justice Safety Valve Act became one of many new bills to address
prison overcrowding
Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. Dur ...
and the soaring cost to the American taxpayers. A quorum was not present at the meeting and the Chairman had to postpone discussion and possible vote on the Justice Safety Valve Act. The bills were held over by the Senate Judiciary Committee through the end of 2013 and January 2014. The bills were worked on to merge the language of the Smarter Sentencing Act (H.R. 3382/S. 1410) and the Justice Safety Valve Act (H.R. 1695/S. 619) along with a new bill, S. 1783 the Federal Prison Reform Act of 2013, introduced by
John Cornyn (R-TX).
In October, 2013, both bills were still in committee.
The two bills, S.619 and H.R.1695, have the same language and the same name.
The H.R. 1695 bill was assigned to the House Judiciary Committee on Crime, Terrorism, Homeland Security and Investigations on April 24, 2013.
The Senate Judiciary Committee received their version on March 20, 2013.
The bill summary was written by the Congressional Research Service, a nonpartisan division of the Library of Congress. It reads, "Justice Safety Valve Act of 2013 - Amends the federal criminal code to authorize a federal court to impose a sentence below a statutory minimum if necessary to avoid violating federal provisions prescribing factors courts must consider in imposing a sentence. Requires the court to give the parties notice of its intent to impose a lower sentence and to state in writing the factors requiring such a sentence."
References
{{reflist
Further reading
*http://www.judiciary.senate.gov/hearings/hearing.cfm?id=5fa8a4fcfd512d43b3816f1ee728f2db
*http://thehill.com/blogs/congress-blog/judicial/289265-paul-leahy-sentencing-bill-will-ensure-time-fits-the-crime
*http://www.huffingtonpost.com/2013/03/20/justice-safety-valve-act-senate_n_2918823.html
*http://www.atr.org/daily-media-spotlight-august-a7817
*http://www.usnews.com/debate-club/is-eric-holder-making-a-good-move-on-mandatory-minimums/rand-paul-and-patrick-leahy-congress-is-read-to-do-away-with-mandatory-minimums
*http://www.usnews.com/news/blogs/washington-whispers/2013/08/13/eric-holder-scolded-by-republicans-for-ignoring-inflexible-mandatory-minimum-laws
*http://famm.org/about/
Proposed legislation of the 113th United States Congress