Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005

Bill: 109-hr-1528
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-04-06 in the House
Policy area: Crime and Law Enforcement
Subjects: Age
Alcoholism
Armed Forces and National Security
Arts, Culture, Religion
Assault
Chemicals
Child labor
Child safety
Child welfare
Civil Rights and Liberties, Minority Issues
Compensation for victims of crime
Conspiracy
Criminal investigation
Day care
Delegation of powers
Deportation
Detention of persons
Disabled
Discrimination in criminal justice administration
Drug abuse
Drug abuse treatment
Drug addiction
Drug law enforcement
Drug paraphernalia
Drug traffic
Drugs and youth
Education
Elementary and secondary education
Environmental Protection
Evidence (Law)
Families
Fines (Penalties)
Firearms
Forfeiture
Gambling
Gifts
Government Operations and Politics
Health
Health facilities
Higher education
Immigration
Imprisonment
Informers
Labor and Employment
Law
Liability (Law)
Libraries
Licenses
Life imprisonment
Mandatory sentences
Mental health
Mentally disabled
Minorities
Parent and child
Parents
Parole
Personnel records
Pleas (Criminal procedure)
Pregnant women
Probation
Prosecution
Racial discrimination
Recidivists
Rehabilitation of criminals
Religion
Religious liberty
Removal of officials
School buildings
School security
Sentences (Criminal procedure)
Sentencing guidelines
Separation of powers
Sex discrimination
Sports and Recreation
State laws
U.S. Sentencing Commission
Violence
Vocational and technical education
Witnesses
Women

Summary:
action_date: 2005-04-06
text: 
Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005 - Amends the Controlled Substances Act (CSA) to expand penalties for distributing drugs to persons under age 21 and to cover attempting or conspiring to do so, without regard to the type of controlled substance and schedule. Requires or increases minimum mandatory sentences.
 
Modifies provisions regarding distributing or manufacturing drugs in or near schools to delete the &quot;100 feet&quot; limitation, include public libraries and daycare facilities, and increase minimum imprisonment terms. Increases or expands the scope of penalties regarding: (1) employing children to distribute drugs near schools and playgrounds; (2) employing persons under age 18 in drug distribution; (3) distributing drugs to underage persons; (4) maintaining drug-involved premises affecting children; and (5) drug trafficking in the presence of children. Prohibits: (1) providing, or facilitating the sale of, drug paraphernalia; or (2) failing to protect children from drug trafficking activities.
 
Directs the U.S. Sentencing Commission to amend the sentencing guidelines to: (1) increase base offense levels for drug-related offenses involving minors and incompetent persons; and (2) provide sentencing enhancements for possessing or brandishing a firearm. 
 
Prohibits and requires a minimum mandatory sentence for distributing or manufacturing a controlled substance within 1,000 feet of a drug treatment facility. 
 
Amends CSA to: (1) increase penalties for, and expand provisions regarding, endangering human life while illegally manufacturing a controlled substance; and (2) provide for life imprisonment without release for drug felons and violent criminals convicted a third time.
 
Prohibits a court, in imposing sentence, from considering a defendant's race, sex, national origin, creed, religion, or socioeconomic status and sets forth factors a court may consider only with respect to calculating the sentencing range and imposing a sentence within that range.


Legislative actions:
action_date: 2005-04-22
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2005-04-12
text: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 6 - 1.
action_date: 2005-04-12
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2005-04-12
text: Subcommittee Hearings Held.
action_date: 2005-04-11
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-04-06
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-04-06
text: Introduced in House
action_date: 2005-04-06
text: Introduced in House