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116TH CONGRESS
1ST SESSION H. R. 1949
To authorize the court to depart from a statutory minimum in the case
of a juvenile offender, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2019
Mr. WESTERMAN introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To authorize the court to depart from a statutory minimum
in the case of a juvenile offender, and for other purposes.
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. SENTENCING JUVENILE OFFENDERS.
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(a) IN GENERAL.—Section 3553 of chapter 227 of
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title 18, United States Code, is amended—
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(1) in subsection (a)—
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(A) in paragraph (6), by striking ‘‘and’’ at
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the end;
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(B) in paragraph (7), by striking the pe-
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riod at the end and inserting ‘‘; and’’; and
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•HR 1949 IH
(C) by adding at the end the following:
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‘‘(8) in the case of a juvenile (as such term is
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defined in section 5031), the diminished culpability
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of juveniles compared to that of adults.’’; and
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(2) by adding at the end the following:
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‘‘(h) LIMITATION ON STATUTORY MINIMUM FOR JU-
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VENILE OFFENDERS.—In the case of a juvenile (as such
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term is defined in section 5031), the court shall have the
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authority to impose a sentence that is 35 percent below
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a level established by statute as a minimum sentence so
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as to reflect the juvenile’s age and prospect for rehabilita-
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tion.’’.
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(b) APPLICATION.—The amendments made by this
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section shall apply only to a conviction entered on or after
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the date of the enactment of this Act.
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SEC. 2. DIRECTIVE TO THE SENTENCING COMMISSION.
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Pursuant to its authority under section 994(p) of title
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28, United States Code, and in accordance with this sec-
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tion, the United States Sentencing Commission shall re-
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view and amend, if appropriate, its guidelines and its pol-
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icy statements with respect to juveniles to ensure that the
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guidelines and policy statements are consistent with the
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amendments made by section 2.
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Æ
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