The Smarter Sentencing Act

Floor Speech

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Mr. DURBIN. I want to address that because it is a problem in my State and across the United States. We are finding that high school students are turning to heroin. It is affordable, sadly. It is affordable, and they are using it as an alternative to other drugs. We certainly know the peril and dangers from narcoterrorism. The Smarter Sentencing Act which we are cosponsoring only reduces mandatory minimum sentences for nonviolent drug offenses. There is a separate mandatory minimum of 20 years that applies when the drugs have resulted in death or serious bodily injury. Any dealer who sells drugs that killed or hurt someone, such as an accidental overdose, will still be subject to the same mandatory minimum of 20 years. Our bill does not touch that provision of the law.

As for narcoterrorism, a special Federal sentencing guideline applies. The truth is charges under that statute are very rare. Between 2008 and 2012, only three cases--three--out of almost 200,000 were sentenced under that guideline. But the Smarter Sentencing Act does not change the sentencing guideline enhancement for narcoterrorism or any of the enhancements for terrorism. We don't cut corners when it comes to that serious crime.

In fact, our bill directs the sentencing commission to ensure that severe sentences for ``violent, repeat, and serious drug traffickers who present public safety risks remain in place.'' Also, there will continue to be dozens

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