More on HR 1528

Many thanks to JackL for summarizing the hideous provisions of this bill. I'm lifting it out of comments verbatim.

Families Against Mandatory Minimums (FAMM) has an excellent seven page *.pdf summary of H.R. 1528 which summarizes the bill in cogent bullet points here:

Here are a couple of excerpts from some of the scariest new provisions of the bill, Sections 425 and 426 (from the cited FAMM Summary):

"Sec. 425 of Part D of the Controlled Substances Act: Failure to protect children from drug trafficking activities (new section) (Sec. 2(m))

• Creates a new offense for persons who witness or learn about a variety of drug trafficking activities and do not report it to authorities within 24 hours and do not provide full assistance investigating, apprehending, and prosecuting the offender

o Triggering offenses include:

o Maintaining drug-involved premises affecting children

o Endangering human life while illegally manufacturing controlled substance

o Distribution to persons under 21

o Distribution or manufacturing in or near schools or colleges

o Attempt and conspiracy relating to employment or use of persons under 18 years of age in drug operations

o Drug trafficking in the presence of children

o Drug offenses near drug treatment facilities or targeting persons in drug treatment

• Adds new 2-year mandatory minimum for individuals and 3-year mandatory minimum for parents, guardians, or persons responsible for the care or supervision of minors who violate this provision; 10-year max for both

Sec. 426 of Part D of the Controlled Substances Act: Protection of persons in drug treatment (new section) (Sec. 4)

• Creates new offense of distribution, possession with intent to distribute, etc. or attempt or conspiracy to do so within 1,000 feet of real property containing a drug treatment facility

• Creates new offense of intentionally offering, soliciting, encouraging, inducing, etc. a person enrolled in drug treatment, under court order to enroll in drug treatment, or a person previously enrolled in drug treatment to purchase, possess or receive controlled substance (or conspiring or attempting to do so)

• Establishes five-year mandatory minimum for violation and ten year mandatory minimum in the event of serious bodily injury or death regardless of the maximum term of imprisonment. Second offense or offense after at least one prior felony drug conviction carries a mandatory minimum sentence of ten years and, in the event of serious bodily injury or death, the sentence is a mandatory term of life in prison (first offenses involving five or fewer grams of marijuana are excluded from this provision).

The statutory maximum in all cases is life."