I 116TH CONGRESS 1ST SESSION H. R. 1097 To amend title 18, United States Code, to prevent unjust and irrational criminal punishments. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 2019 Mr. SCOTT of Virginia (for himself and Mr. MASSIE) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prevent unjust and irrational criminal punishments. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Justice Safety Valve 4 Act of 2019’’. 5 SEC. 2. AUTHORITY TO IMPOSE A SENTENCE BELOW A 6 STATUTORY MINIMUM. 7 Section 3553 of title 18, United States Code, is 8 amended— 9 VerDate Sep 11 2014 00:53 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1097.IH H1097 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1097 IH (1) by redesignating subsection (g) as sub- 1 section (h); and 2 (2) by inserting after subsection (f) the fol- 3 lowing: 4 ‘‘(g) AUTHORITY TO IMPOSE A SENTENCE BELOW A 5 STATUTORY MINIMUM TO PREVENT AN UNJUST SEN- 6 TENCE.— 7 ‘‘(1) GENERAL RULE.—Notwithstanding any 8 provision of law other than this subsection, the court 9 may impose a sentence below a statutory minimum 10 if the court finds that it is necessary to do so in 11 order to avoid violating the requirements of sub- 12 section (a). 13 ‘‘(2) COURT TO GIVE PARTIES NOTICE.—Before 14 imposing a sentence under paragraph (1), the court 15 shall give the parties reasonable notice of the court’s 16 intent to do so and an opportunity to respond. 17 ‘‘(3) STATEMENT IN WRITING OF FACTORS.— 18 The court shall state, in the written statement of 19 reasons, the factors under subsection (a) that re- 20 quire imposition of a sentence below the statutory 21 minimum. 22 VerDate Sep 11 2014 00:53 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1097.IH H1097 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1097 IH ‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub- 1 section does not limit any right to appeal that would 2 otherwise exist in its absence.’’. 3 Æ VerDate Sep 11 2014 00:53 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1097.IH H1097 pamtmann on DSKBFK8HB2PROD with BILLS