Next Step Act of 2019

II 116TH CONGRESS 1ST SESSION S. 697 To reform sentencing, prisons, re-entry of prisoners, and law enforcement practices, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 7, 2019 Mr. BOOKER introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform sentencing, prisons, re-entry of prisoners, and law enforcement practices, and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Next Step Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. DIVISION A—SENTENCING REFORM: ENDING MASS INCARCERATION TITLE I—ELIMINATION OF CRACK COCAINE SENTENCING DISPARITY VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 2 •S 697 IS Sec. 101. Elimination of increased penalties for cocaine offenses where the co- caine involved is cocaine base. TITLE II—MARIJUANA JUSTICE ACT Sec. 201. Short title. Sec. 202. De-scheduling marihuana. Sec. 203. Ineligibility for certain funds. Sec. 204. Community Reinvestment Fund. TITLE III—SMARTER SENTENCING ACT Sec. 301. Short title. Sec. 302. Sentencing modifications for certain drug offenses. Sec. 303. Directive to the Sentencing Commission. Sec. 304. Report by Attorney General. Sec. 305. Report on Federal criminal offenses. TITLE IV—PAROLE FOR JUVENILES Sec. 401. Parole for juveniles. TITLE V—REVERSE MASS INCARCERATION Sec. 501. Short title. Sec. 502. Grant program. DIVISION B—PRISON REFORM TITLE VI—DIGNITY ACT Sec. 601. Short title. Sec. 602. Treatment of primary caretaker parents and other individuals in Fed- eral prisons. Sec. 603. Overnight visit pilot program. DIVISION C—RE-ENTRY REFORM: REDUCING THE COLLATERAL CONSEQUENCES OF CONVICTION TITLE VII—FAIR CHANCE ACT Sec. 701. Short title. Sec. 702. Prohibition on criminal history inquiries prior to conditional offer for Federal employment. Sec. 703. Prohibition on criminal history inquiries by contractors prior to con- ditional offer. Sec. 704. Report on employment of individuals formerly incarcerated in Federal prisons. TITLE VIII—FAIR CHANCE LICENSING ACT Sec. 801. Short title. Sec. 802. Restrictions on use of criminal records to disqualify individuals from employment, occupational licensing, or occupational certifi- cation. Sec. 803. Transparency and accountability study. TITLE IX—REDEEM ACT VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 3 •S 697 IS Sec. 901. Short title. Sec. 902. Sealing of criminal records. Sec. 903. Juvenile sealing and expungement. Sec. 904. Study and report on cost savings from sealing and expungement pro- visions. Sec. 905. TANF assistance and SNAP benefits. Sec. 906. State incentives. Sec. 907. Gender equality in Federal juvenile delinquency proceedings. Sec. 908. Ensuring accuracy in the FBI background check system. Sec. 909. Report on statutory and regulatory restrictions and disqualifications based on criminal records. TITLE X—DEMOCRACY RESTORATION ACT Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Definitions. Sec. 1004. Rights of citizens. Sec. 1005. Enforcement. Sec. 1006. Notification of restoration of voting rights. Sec. 1007. Relation to other laws. Sec. 1008. Federal prison funds. Sec. 1009. Effective date. TITLE XI—NEW PATHWAYS ACT Sec. 1101. Short title. Sec. 1102. Identification for returning citizens. DIVISION D—POLICE REFORM TITLE XII—PRIDE ACT Sec. 1201. Short title. Sec. 1202. Definitions. Sec. 1203. Use of force reporting. Sec. 1204. Community and law enforcement partnership grant program. Sec. 1205. Compliance with reporting requirements. Sec. 1206. Authorization of appropriations. TITLE XIII—END RACIAL AND RELIGIOUS PROFILING ACT Sec. 1301. Short title. Sec. 1302. Definitions. Subtitle A—Prohibition of Racial Profiling Sec. 1311. Prohibition. Sec. 1312. Enforcement. Subtitle B—Programs To Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 1321. Policies to eliminate racial profiling. Subtitle C—Programs To Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies Sec. 1331. Policies required for grants. VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 4 •S 697 IS Sec. 1332. Involvement of Attorney General. Sec. 1333. Data collection demonstration project. Sec. 1334. Best practices development grants. Sec. 1335. Authorization of appropriations. Subtitle D—Data Collection Sec. 1341. Attorney General to issue regulations. Sec. 1342. Publication of data. Sec. 1343. Limitations on publication of data. Subtitle E—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 1351. Attorney General to issue regulations and reports. Subtitle F—Miscellaneous Provisions Sec. 1361. Severability. Sec. 1362. Savings clause. DIVISION A—SENTENCING RE- 1 FORM: ENDING MASS INCAR- 2 CERATION 3 TITLE I—ELIMINATION OF 4 CRACK COCAINE SENTENC- 5 ING DISPARITY 6 SEC. 101. ELIMINATION OF INCREASED PENALTIES FOR CO- 7 CAINE OFFENSES WHERE THE COCAINE IN- 8 VOLVED IS COCAINE BASE. 9 (a) CONTROLLED SUBSTANCES ACT.—The following 10 provisions of the Controlled Substances Act (21 U.S.C. 11 801 et seq.) are repealed: 12 (1) Clause (iii) of section 401(b)(1)(A). 13 (2) Clause (iii) of section 401(b)(1)(B). 14 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 15 ACT.—The following provisions of the Controlled Sub- 16 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 5 •S 697 IS stances Import and Export Act (21 U.S.C. 951 et seq.) 1 are repealed: 2 (1) Subparagraph (C) of section 1010(b)(1). 3 (2) Subparagraph (C) of section 1010(b)(2). 4 (c) APPLICABILITY TO PENDING AND PAST CASES.— 5 (1) PENDING CASES.—This section, and the 6 amendments made by this section, shall apply to any 7 offense that was committed before the date of enact- 8 ment of this Act, if a sentence for the offense has 9 not been imposed as of such date of enactment. 10 (2) PAST CASES.—In the case of a defendant 11 who, before the date of enactment of this Act, was 12 convicted of an offense for which the penalty is 13 amended by this section and was sentenced to a 14 term of imprisonment for the offense, the sentencing 15 court may, on motion of the defendant or the Direc- 16 tor of the Bureau of Prisons, or on its own motion, 17 reduce the term of imprisonment for the offense, 18 after considering the factors set forth in section 19 3553(a) of title 18, United States Code, to the ex- 20 tent the factors are applicable, if such a reduction 21 is consistent with— 22 (A) this section and the amendments made 23 by this section; and 24 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 6 •S 697 IS (B) applicable policy statements issued by 1 the United States Sentencing Commission. 2 TITLE II—MARIJUANA JUSTICE 3 ACT 4 SEC. 201. SHORT TITLE. 5 This title may be cited as the ‘‘Marijuana Justice Act 6 of 2019’’. 7 SEC. 202. DE-SCHEDULING MARIHUANA. 8 (a) MARIHUANA REMOVED FROM SCHEDULE OF 9 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 10 I of section 202(c) of the Controlled Substances Act (21 11 U.S.C. 812) is amended— 12 (1) by striking ‘‘marihuana’’; and 13 (2) by striking ‘‘tetrahydrocannabinols’’. 14 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX- 15 PORT.—Section 1010(b) of the Controlled Substances Im- 16 port and Export Act (21 U.S.C. 960) is amended— 17 (1) in paragraph (1)— 18 (A) in subparagraph (F), by inserting ‘‘or’’ 19 after the semicolon; 20 (B) by striking subparagraph (G); and 21 (C) by redesignating subparagraph (H) as 22 subparagraph (G); 23 (2) in paragraph (2)— 24 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 7 •S 697 IS (A) in subparagraph (F), by inserting ‘‘or’’ 1 after the semicolon; 2 (B) by striking subparagraph (G); and 3 (C) by redesignating subparagraph (H) as 4 subparagraph (G); 5 (3) in paragraph (3), by striking ‘‘paragraphs 6 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 7 (2)’’; 8 (4) by striking paragraph (4); and 9 (5) by redesignating paragraphs (5), (6), and 10 (7) as paragraphs (4), (5), and (6), respectively. 11 (c) CONFORMING AMENDMENTS TO CONTROLLED 12 SUBSTANCES ACT.—The Controlled Substances Act (21 13 U.S.C. 801 et seq.) is amended— 14 (1) in section 102(44) (21 U.S.C. 802(44)), by 15 striking ‘‘marihuana,’’; 16 (2) in section 401(b) (21 U.S.C. 841(b))— 17 (A) in paragraph (1)— 18 (i) in subparagraph (A)— 19 (I) in clause (vi), by inserting 20 ‘‘or’’ after the semicolon; 21 (II) by striking (vii); and 22 (III) by redesignating clause 23 (viii) as clause (vii); 24 (ii) in subparagraph (B)— 25 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 8 •S 697 IS (I) by striking clause (vii); and 1 (II) by redesignating clause (viii) 2 as clause (vii); 3 (iii) in subparagraph (C), in the first 4 sentence, by striking ‘‘subparagraphs (A), 5 (B), and (D)’’ and inserting ‘‘subpara- 6 graphs (A) and (B)’’; 7 (iv) by striking subparagraph (D); 8 (v) by redesignating subparagraph (E) 9 as subparagraph (D); and 10 (vi) in subparagraph (D)(i), as so re- 11 designated, by striking ‘‘subparagraphs (C) 12 and (D)’’ and inserting ‘‘subparagraph 13 (C)’’; 14 (B) by striking paragraph (4); and 15 (C) by redesignating paragraphs (5), (6), 16 and (7) as paragraphs (4), (5), and (6), respec- 17 tively; 18 (3) in section 402(c)(2)(B) (21 U.S.C. 19 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 20 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 21 by striking ‘‘, marihuana,’’; 22 (5) in section 418(a) (21 U.S.C. 859(a)), by 23 striking the last sentence; 24 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 9 •S 697 IS (6) in section 419(a) (21 U.S.C. 860(a)), by 1 striking the last sentence; 2 (7) in section 422(d) (21 U.S.C. 863(d))— 3 (A) in the matter preceding paragraph (1), 4 by striking ‘‘marijuana,’’; and 5 (B) in paragraph (5), by striking ‘‘, such 6 as a marihuana cigarette,’’; and 7 (8) in section 516(d) (21 U.S.C. 886(d)), by 8 striking ‘‘section 401(b)(6)’’ each place the term ap- 9 pears and inserting ‘‘section 401(b)(5)’’. 10 (d) OTHER CONFORMING AMENDMENTS.— 11 (1) NATIONAL FOREST SYSTEM DRUG CONTROL 12 ACT OF 1986.—The National Forest System Drug 13 Control Act of 1986 (16 U.S.C. 559b et seq.) is 14 amended— 15 (A) in section 15002(a) (16 U.S.C. 16 559b(a)) by striking ‘‘marijuana and other’’; 17 (B) in section 15003(2) (16 U.S.C. 18 559c(2)) by striking ‘‘marijuana and other’’; 19 and 20 (C) in section 15004(2) (16 U.S.C. 21 559d(2)) by striking ‘‘marijuana and other’’. 22 (2) INTERCEPTION OF COMMUNICATIONS.—Sec- 23 tion 2516 of title 18, United States Code, is amend- 24 ed— 25 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 10 •S 697 IS (A) in subsection (1)(e), by striking ‘‘mari- 1 huana,’’; and 2 (B) in subsection (2) by striking ‘‘mari- 3 huana,’’. 4 SEC. 203. INELIGIBILITY FOR CERTAIN FUNDS. 5 (a) DEFINITIONS.—In this section— 6 (1) the term ‘‘covered State’’ means a State 7 that has not enacted a statute legalizing marijuana 8 in the State; 9 (2) the term ‘‘disproportionate arrest rate’’ 10 means— 11 (A) the percentage of minority individuals 12 arrested for a marijuana related offense in a 13 State is higher than the percentage of the non- 14 minority individual population of the State, as 15 determined by the most recent census data; or 16 (B) the percentage of low-income individ- 17 uals arrested for a marijuana offense in a State 18 is higher than the percentage of the population 19 of the State that are not low-income individ- 20 uals, as determined by the most recent census 21 data; 22 (3) the term ‘‘disproportionate incarceration 23 rate’’ means the percentage of minority individuals 24 incarcerated for a marijuana related offense in a 25 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 11 •S 697 IS State is higher than the percentage of the non-mi- 1 nority individual population of the State, as deter- 2 mined by the most recent census data; 3 (4) the term ‘‘low-income individual’’ means an 4 individual whose taxable income (as defined in sec- 5 tion 63 of the Internal Revenue Code of 1986) is 6 equal to or below the maximum dollar amount for 7 the 15 percent rate bracket applicable to the indi- 8 vidual under section 1 of the Internal Revenue Code 9 of 1986; 10 (5) the term ‘‘marijuana’’ has the meaning 11 given the term ‘‘marihuana’’ in section 102 of the 12 Controlled Substances Act (21 U.S.C. 802); and 13 (6) the term ‘‘minority individual’’ means an in- 14 dividual who is a member of a racial or ethnic mi- 15 nority group. 16 (b) INELIGIBILITY FOR CERTAIN FUNDS.— 17 (1) IN GENERAL.—For any fiscal year begin- 18 ning after the date of enactment of this Act in which 19 the Attorney General, acting through the Director of 20 the Bureau of Justice Assistance, determines that a 21 covered State has a disproportionate arrest rate or 22 a disproportionate incarceration rate for marijuana 23 offenses, the covered State— 24 VerDate Sep 11 2014 02:28 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S697.IS S697 kjohnson on DSK79L0C42 with BILLS 12 •S 697 IS (A) shall not be eligible to receive any Fed- 1 eral funds for the construction or staffing of a 2 prison or jail; and 3 (B) shall be subject to not more than a 10- 4 percent reduction of the funds that would oth- 5 erwise be allocated for that fiscal year to the 6 covered State under subpart 1 of part E of title 7 I of the Omnibus Crime Control and Safe 8 Streets Act of 1968 (34 U.S.C. 3750 et seq.), 9 whether characterized as the Edward Byrne 10 Memorial State and Local Law Enforcement 11 Assistance Programs, the Local Government 12 Law Enforcement Block Grants Program, the 13 Edward By [Text truncated for display. 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