I
103D CONGRESS
1ST SESSION
H. R. 2901
To amend title 18, United States Code, with respect to terms of imprisonment
and supervised release following revocation of a term of probation or
supervised release.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1993
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, with respect to
terms of imprisonment and supervised release following
revocation of a term of probation or supervised release.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code,
is amended to read as follows:
‘‘(4) the kinds of sentence and the sentencing
range established for—
‘‘(A) the applicable category of offense
committed by the applicable category of defend-
ant as set forth in the guidelines issued by the
Sentencing Commission pursuant to section
944(a)(1) of title 28, United States Code, and
that are in effect on the date the defendant is
sentenced; or
‘‘(B) in the case of a violation of probation
or supervised release, the applicable guidelines
or policy statements issued by the Sentencing
Commission pursuant to section 994(a)(3) of
title 28, United States Code,’’.
SEC. 2. TECHNICAL AMENDMENT TO MANDATORY CONDI-
TIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code,
is amended by striking ‘‘possess illegal controlled sub-
stances’’ and inserting ‘‘unlawfully possess a controlled
substance’’.
SEC. 3. REVOCATION OF PROBATION.
(a) IN GENERAL.—Section 3565(a) of title 18, Unit-
ed States Code, is amended—
(1) in paragraph (2), by striking ‘‘impose any
other sentence that was available under subchapter
A at the time of the initial sentencing’’ and inserting
‘‘resentence the defendant under subchapter A’’; and
(2) by striking the last sentence.
(b) MANDATORY REVOCATION.—Section 3565(b) of
title 18, United States Code, is amended to read as
follows:
‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF
CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO
COMPLY WITH DRUG TESTING.—If the defendant—
‘‘(1) possesses a controlled substance in viola-
tion of the condition set forth in section 3563(a)(3);
‘‘(2) possesses a firearm, as such term is de-
fined in section 921 of this title, in violation of Fed-
eral law, or otherwise violates a condition of proba-
tion prohibiting the defendant from possessing a
firearm; or
‘‘(3) refuses to comply with drug testing im-
posed as a condition of probation;
the court shall revoke the sentence of probation and
resentence the defendant under subchapter A to a sen-
tence that includes a term of imprisonment.’’.
SEC. 4. SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is
amended—
(1) in subsection (d), by striking ‘‘possess ille-
gal controlled substance’’ and inserting ‘‘unlawfully
possess a controlled substance’’;
(2) in subsection (e)—
(A) by striking ‘‘person’’ each place it ap-
pears in such subsection and inserting ‘‘defend-
ant’’; and
(B) by amending paragraph (3) to read as
follows:
‘‘(3) revoke a term of supervised release, and
require the defendant to serve in prison all or part
of the term of supervised release authorized by stat-
ute for the offense that resulted in such term of su-
pervised release without credit for time previously
served on postrelease supervision, if the court, pur-
suant to the Federal Rules of Criminal Procedure
applicable to revocation of probation or supervised
release, finds by a preponderance of the evidence
that the defendant violated a condition of supervised
release, except that a defendant whose term is re-
voked under this paragraph may not be required to
serve more than 5 years in prison if the offense that
resulted in the term of supervised release is a class
A felony, more than 3 years in prison if such offense
is a class B felony, more than 2 years in prison if
such offense is a class C or D felony, or more than
one year in any other case; or’’; and
(3) by striking subsection (g) and inserting the
following:
‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF
CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO
COMPLY WITH DRUG TESTING.—If the defendant—
‘‘(1) possesses a controlled substance in viola-
tion of the condition set forth in subsection (d);
‘‘(2) possesses a firearm, as such term is de-
fined in section 921 of this title, in violation of Fed-
eral law, or otherwise violates a condition of super-
vised release prohibiting the defendant from possess-
ing a firearm; or
‘‘(3) refuses to comply with drug testing im-
posed as a condition of supervised release;
the court shall revoke the term of supervised release and
require the defendant to serve a term of imprisonment not
to exceed the maximum term of imprisonment authorized
under subsection (e)(3).
‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA-
TION.—When a term of supervised release is revoked and
the defendant is required to serve a term of imprisonment
that is less than the maximum term of imprisonment au-
thorized under subsection (e)(3), the court may include
a requirement that the defendant be placed on a term of
supervised release after imprisonment. The length of such
a term of supervised release shall not exceed the term of
supervised release authorized by statute for the offense