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S.1138

Reclassification to Ensure Smarter and Equal
Treatment Act of 2015 or the RESET Act

Introduced on 4-29-15 by Rand Paul [R-KY] and referred to the Judiciary Committee. Cosponsored by Brian Schatz [D-HI].  Related bills are H.R.1255, H.R.2153, S.1610.

To reclassify certain low-level felonies as misdemeanors, to eliminate the increased penalties for cocaine offenses where the cocaine involved is cocaine base, to reinvest in our communities, and for other purposes.

SEC. 2. Reclassification of low-level felonies.

Amends the Controlled Substances Act (CSA) to reduce penalties to not greater than a one-year term of imprisonment and/or a $1,000 fine for simple possession of a controlled substance by a person who has one or more prior convictions for a controlled substance offense. Repeals a provision providing for up to three years’ imprisonment for the possession of flunitrazepam. Revises penalties for possession of drugs classified as date rape drugs after a prior drug-related conviction to 15 days to 2 years imprisonment and $2,500 fine and after 2 priors, to 90 days to 3 years imprisonment and minimum of $5000 fine.

Eliminates provisions of the CSA and the Controlled Substances Import and Export Act that apply the same penalties applicable to offenses involving a specified amount of a substance containing cocaine to offenses involving a lesser amount of a substance containing cocaine base.

Reduces the maximum term of imprisonment (to one year) for the sale, use of the mails to transport, or importation or exportation of drug paraphernalia.

Amends the CSA to provide that in determining the weight of a controlled substance or mixture of controlled substances that is in a compound with a food product for purposes of provisions concerning controlled substance offenses, the weight of the food product shall not be included.

Pending cases: Makes this Act applicable to any offense committed before its enactment, if a sentence for the offense has not been imposed as of such enactment date. Past cases: Provides for the reduction of the term of imprisonment of a defendant who was convicted and sentenced before such date for an offense for which the penalty is amended by this Act, on motion of the defendant or the Director of the BOP. Directs the Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by this Act.

SEC. 6. Establishment of the Safe Neighborhoods and Schools Fund.

Establishes within the Department of Justice the Safe Neighborhoods and Schools Fund which is continuously appropriated without regard to fiscal year.

  • 15% to the Department of Education for a grant program aimed at improving outcomes for public school pupils by reducing truancy and supporting students who are at risk of dropping out or are victims of crime;
  • 10% to the Federal Crime Victim Assistance Fund for grants to trauma recovery centers for victims of crime;
  • 25% to Federal Reentry/Drug Court programs for a grant program to public agencies to support mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system; and
  • 50% to the General Treasury in order to pay down the national debt.

 

 

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