Smarter Sentencing Act of 2014
Latest action. Committee on the Judiciary subcommitteeA smaller panel inside a standing committee with jurisdiction over a slice of its subject matter. Most hearings and the first markup usually happen here.Read the full definition (opens a new tab) on the Constitution, civil rightsProtections against discrimination and guarantees of equal participation, usually enforced by statute. Civil liberties are freedoms from government interference.Read the full definition (opens a new tab) and Human Rights. Hearings held.
Smarter Sentencing Act of 2014 - (Sec. 2) Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the defendant: (1) does not have more than two criminal history points; (2) has no prior convictions for any offense that has as an element the use, attempted use, or threatened use of physical force against another; and (3) has not been convicted of a specified firearm offense, sex offense, federal crime of terrorism, or racketeering offense or of conspiring to use and invest illicit drug profits.
(Sec. 3) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied.
(Sec. 4) Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances.
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity; (2) fiscal implications of changes; (3) relevant public safety concerns; (4) the intent of Congress that severe sentences for violent, repeat, and serious drug traffickers who present public safety risks remain in place; and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Commission to: (1) promulgate such guidelines, policy statements, or amendments by no later than 120 days after the date of enactment of this Act, and (2) make such conforming amendments to the federal sentencing guidelines as necessary to achieve consistency with other guideline provisions and applicable law.
The summary continues for 9 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate with amendment(s)" stage on March 11, 2014. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on December 9, 2014: Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. Hearings held.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Richard Durbin (D-IL) introduced it on July 31, 2013, and 31 members have since signed on as cosponsors.
They come from both major parties: 23 Democrats, 6 Republicans, 2 independents.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on July 31, 2013, 4789 days ago. The most recent recorded action was 4293 days ago, on December 9, 2014.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers