SAFE DOSES Act

Bill: 112-hr-4223
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2012-03-20 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Crimes against property
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Fraud offenses and financial crimes
Health technology, devices, supplies
Organized crime
Prescription drugs
U.S. Sentencing Commission
Violent crime

Summary:
action_date: 2012-03-20
text: 
Safe Doses Act - Amends the federal criminal code to prohibit, in or affecting interstate or foreign commerce: (1) embezzling, stealing, unlawfully taking, carrying away, or concealing, or obtaining by fraud or deception a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. Sets forth factors that increase such a violation to an aggravated offense.
 
Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of three times the economic loss attributable to the violation or $1 million. 
 
Provides for increased penalties for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product.
 
Directs the United States Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

action_date: 2012-06-26
text: 
Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. 
 
Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act.
 
Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. 
 
Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. 
 
Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products.
 
Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product.
 
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

action_date: 2012-09-22
text: 

(This measure has not been amended since it was passed by the House on June 26, 2012. The summary of that version is repeated here.)

 
Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. 
 
Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act.
 
Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. 
 
Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. 
 
Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products.
 
Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product.
 
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.

action_date: 2012-10-05
text: 

(This measure has not been amended since it was passed by the House on June 26, 2012. The summary of that version is repeated here.)

 
Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2012 or the SAFE DOSES Act - Amends the federal criminal code to prohibit, in or using any means or facility of interstate or foreign commerce: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in such a violation; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit such a violation. 
 
Makes such a violation an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the violation involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act.
 
Prescribes criminal and civil penalties for violations, including a civil penalty of up to the greater of 3 times the economic loss attributable to the violation or $1 million. 
 
Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to such a violation. 
 
Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property. Directs the Attorney General to give increased priority to efforts to investigate and prosecute offenses involving pre-retail medical products.
 
Extends provisions authorizing wiretapping and requiring victim restitution to offenses relating to theft of a pre-retail medical product.
 
Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.


Legislative actions:
action_date: 2012-10-05
text: Became Public Law No: 112-186.
action_date: 2012-10-05
text: Became Public Law No: 112-186.
action_date: 2012-10-05
text: Signed by President.
action_date: 2012-10-05
text: Signed by President.
action_date: 2012-09-25
text: Presented to President.
action_date: 2012-09-25
text: Presented to President.
action_date: 2012-09-24
text: Message on Senate action sent to the House.
action_date: 2012-09-22
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2012-09-22
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2012-09-22
text: Senate Committee on the Judiciary discharged by Unanimous Consent. (consideration: CR 9/21/2012 S6671)
action_date: 2012-09-22
text: Senate Committee on the Judiciary discharged by Unanimous Consent.(consideration: CR 9/21/2012 S6671)
action_date: 2012-06-27
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2012-06-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-06-26
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3991-3992)
action_date: 2012-06-26
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3991-3992)
action_date: 2012-06-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4223.
action_date: 2012-06-26
text: Considered under suspension of the rules. (consideration: CR H3991-3994)
action_date: 2012-06-26
text: Mr. Smith (TX) moved to suspend the rules and pass the bill, as amended.
action_date: 2012-06-25
text: Placed on the Union Calendar, Calendar No. 393.
action_date: 2012-06-25
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-549.
action_date: 2012-06-25
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-549.
action_date: 2012-06-06
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2012-06-06
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-06-05
text: Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
action_date: 2012-03-28
text: Subcommittee Hearings Held.
action_date: 2012-03-26
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2012-03-20
text: Referred to the House Committee on the Judiciary.
action_date: 2012-03-20
text: Introduced in House
action_date: 2012-03-20
text: Introduced in House

Enacted as: number: 112-186