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II
117TH CONGRESS
1ST SESSION
S. 309
To give Federal courts additional discretion to determine whether pretrial
detention is appropriate for defendants charged with nonviolent drug
offenses in Federal criminal cases.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 12, 2021
Mr. DURBIN (for himself, Mr. LEE, and Mr. COONS) introduced the following
bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To give Federal courts additional discretion to determine
whether pretrial detention is appropriate for defendants
charged with nonviolent drug offenses in Federal crimi-
nal cases.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ββSmarter Pretrial De-
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tention for Drug Charges Act of 2021ββ.
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β’S 309 IS
SEC. 2. RELEASE CONDITIONS AND DETENTION IN FED-
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ERAL CRIMINAL CASES.
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Section 3142 of title 18, United States Code, is
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amendedβ
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(1) by striking ββ(42 U.S.C. 14135a)ββ each
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place it appears and inserting ββ(34 U.S.C. 40702)ββ;
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and
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(2) in subsection (e)(3)β
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(A) by striking subparagraph (A); and
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(B) by redesignating subparagraphs (B),
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(C), (D), and (E) as subparagraphs (A), (B),
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(C), and (D), respectively.
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Γ
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