116th CONGRESS 1st Session |
To authorize the court to depart from a statutory minimum in the case of a juvenile offender, and for other purposes.
March 28, 2019
Mr. Westerman introduced the following bill; which was referred to the Committee on the Judiciary
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 Representatives of the United States of America in Congress assembled,
SECTION 1. Sentencing juvenile offenders.
(a) In general.—Section 3553 of chapter 227 of title 18, United States Code, is amended—
(A) in paragraph (6), by striking “and” at the end;
(B) in paragraph (7), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following:
“(8) in the case of a juvenile (as such term is defined in section 5031), the diminished culpability of juveniles compared to that of adults.”; and
(2) by adding at the end the following:
“(h) Limitation on statutory minimum for juvenile offenders.—In the case of a juvenile (as such term is defined in section 5031), the court shall have the authority to impose a sentence that is 35 percent below a level established by statute as a minimum sentence so as to reflect the juvenile’s age and prospect for rehabilitation.”.
(b) Application.—The amendments made by this section shall apply only to a conviction entered on or after the date of the enactment of this Act.
SEC. 2. Directive to the Sentencing Commission.
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements with respect to juveniles to ensure that the guidelines and policy statements are consistent with the amendments made by section 2.