Recidivism Clarification Act of 2015

Bill: 114-hr-1254
Sponsor: full_name: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2015-03-04
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Drug trafficking and controlled substances

Firearms and explosives

Violent crime
Latest action: action_date: 2015-03-31
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2015-03-04
action_desc: Introduced in House
text: <p><b>Recidivism Clarification Act of 2015</b></p> <p> Amends the federal criminal code, with respect to additional penalties for using or carrying a firearm in the commission of a crime of violence or drug trafficking crime, to: (1) modify the penalty to require an additional prison term of not more than 5 years, not more than 7 years if the firearm is brandished, and not more than 10 years if the firearm is discharged (currently, not less than 5, 7, or 10 years respectively); (2) allow a prison term for any term of years (currently, minimum mandatory term of 25 years) for a person who has a prior conviction that has become final; (3) require an additional prison term of not more than 15 years (currently, not less than 15 years) for using, carrying, or possessing armor piercing ammunition during the commission of a crime of violence or drug trafficking crime; and (4) eliminate the death penalty for cases in which the use of such ammunition results in a death. </p> <p>Makes this Act applicable to conduct engaged in and sentences imposed before, on, or after the date of this Act's enactment.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1254 IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to clarify the circumstances under which the enhanced penalty provisions for subsequent convictions apply.

1. Short title This Act may be cited as the Recidivism Clarification Act of 2015 . 2. Amendments to enhanced penalties provisions (a) In general Section 924(c) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any and inserting Any ; (B) in each of subparagraphs (A) through (C), by striking less each place it appears and inserting more ; and (C) in subparagraph (C)— (i) by striking In the case of a second or subsequent conviction under this subsection and inserting If a person is convicted under this subsection after a prior conviction under this subsection has become final ; and (ii) in clause (ii), by striking imprisonment and inserting a term of imprisonment for any term of years or ; (2) in paragraph (5)— (A) in subparagraph (A), by striking less and inserting more ; and (B) in subparagraph (B)(i), by striking punished by death or ; and (3) by adding at the end the following: (6) The provisions of section 411 of the Controlled Substances Act ( 21 U.S.C. 851 ), other than subsections (a)(2) and (e) of such section, as in effect on the date of the enactment of this paragraph, shall apply to sentencing for convictions under this subsection in the same manner in which such provisions apply to sentencing for offenses under part D of title II of such Act. . (b) Applicability The amendments made by subsection (a) shall apply with respect to conduct engaged in, and sentences imposed before, on, or after the date of the enactment of this Act.