To amend the penalty provisions applicable to persons convicted of violating certain narcotic laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 (c) Narcotic law of the Narcotic Drugs Import and Export Act, as amended (U. S. C., violations, title 21, sec. 174), is amended to read as follows: penalties. "(c) Whoever fraudulently or knowingly imports or brings any 42 Stat. 596. narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same to have been imported contrary to law, or conspires to commit any of such acts in violation of the laws of the United States, shall be fined not more than $2,000 and imprisoned not less than two or more than five years. For a second offense, the offender shall be fined not more than $2,000 and imprisoned not less than five or more than ten years. For a third or subsequent offense, the offender shall be fined not more than $2,000 and imprisoned not less than ten or more than twenty years. Upon conviction for a second or subsequent offense, the imposition or execution of sentence shall not be suspended and probation shall not be granted. For the purpose of this subdivision, an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of any offense the penalty for which is provided in this subdivision or in section 2557 (b) (1) of the Internal Revenue Code, or if he previously has been Infra. convicted of any offense the penalty for which was provided in section 9, chapter 1, of the Act of December 17, 1914 (38 Stat. 789), as amended; section 1, chapter 202 of the Act of May 26, 1922 (42 Stat. 596), as amended; section 12, chapter 553, of the Act of August 2, 21 U.S.c. §§ 171, 1937 (50 Stat. 556), as amended; or sections 2557 (b) (1) or 2596 of 173, 174-177. the Internal Revenue Code enacted February 10, 1939 (ch. 2, 53 Stat. 274, 282), as amended. After conviction, but prior to pronounce- 65 Stat. 768. ment of sentence, the court shall be advised by the United States attorney whether the conviction is the offender's first or a subsequent offense. If it is not a first offense, the United States attorney shall file an information setting forth the prior convictions. The offender shall have the opportunity in open court to affirm or deny that he is identical with the person previously convicted. If he denies the identity, sentence shall be postponed for such time as to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the 65 Stat. 767. person previously convicted, or if he acknowledges that he is such 65 Stat. 768. person, he shall be sentenced as prescribed in this subdivision. "Whenever on trial for a violation of this subdivision the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury." SEC. 2. Section 2557 (b) (1) of the Internal Revenue Code is 53 Stat. 274. amended to read as follows: 26 U.S.C. 2557. "(1) Whoever commits an offense or conspires to commit an offense described in this subchapter, subchapter C of this chapter, (88) 53 Stat. 269. 26 U.S.C. 2550-2565, 2590-2604, 3220-3239. Infra. 53 Stat. 282. 26 U.S.C. 2596. 53 Stat. 387. 26 U.S.C. 3235. 65 Stat. 768. 65 Stat. 769. Repeals. 42 Stat. 597. 50 Stat. 627. or parts V or VI of subchapter A of chapter 27, for which no specific penalty is otherwise provided, shall be fined not more than $2,000 and imprisoned not less than two or more than five years. For a second offense, the offender shall be fined not more than $2,000 and imprisoned not less than five or more than ten years. For a third or subsequent offense, the offender shall be fined not more than $2,000 and imprisoned not less than ten or more than twenty years. Upon conviction for a second or subsequent offense, the imposition or execution of sentence shall not be suspended and probation shall not be granted. For the purpose of this paragraph, an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of any offense the penalty for which is provided in this paragraph or in section 2 (c) of the Narcotic Drugs Import and Export Act, as amended (U. S. C., title 21, sec. 174), or if he previously has been convicted of any offense the penalty for which was provided in section 9, chapter 1, of the Act of December 17, 1914 (38 Stat. 789), as amended; section 1, chapter 202, of the Act of May 26, 1922 (42 Stat. 596), as amended; section 12, Chapter 553, of the Act of August 2, 1937 (50 Stat. 556), as amended; or sections 2557 (b) (1) or 2596 of the Internal Revenue Code enacted February 10, 1939 (ch. 2, 53 Stat. 274, 282), as amended. After conviction, but prior to pronouncement of sentence, the court shall be advised by the United States attorney whether the conviction is the offender's first or a subsequent offense. If it is not a first offense, the United States attorney shall file an information setting forth the prior convictions. The offender shall have the opportunity in open court to affirm or deny that he is identical with the person previously convicted. If he denies the identity, sentence shall be postponed for such time as to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the person previously convicted, or if he acknowledges that he is such person, he shall be sentenced as prescribed in this paragraph." SEO. 3. Section 2596 of the Internal Revenue Code is amended to read as follows: "SEC. 2596. PENALTIES. "For penalties for violating or failing to comply with any of the provisions of this subchapter, see section 2557 (b)(1)." SEC. 4. Section 3235 of the Internal Revenue Code is amended to read as follows: "SEC. 3235. PENALTIES. "For penalties for violating or failing to comply with any of the provisions of this part, see section 2557 (b) (1)." SEC. 5. There are hereby repealed (1) section 2 (f) of the Narcotic Drugs Import and Export Act, as amended (U. S. C., title 21, sec. 174); (2) the Act of August 12, 1937, as amended (U. S. C., title 21, secs. 200-200 (b)); All 65 Stat. 769. 53 Stat. 275. (3) sections 2557 (b) (5), (6), and (7) of the Internal Revenue Code. SEC. 6. Any rights or liabilities now existing under the laws or parts 26 U.S.C. thereof repealed by this Act shall not be affected by such repeal. Approved November 2, 1951. & 2557. Chapter 149 - 1st Session H. R. 3307 AN ACT To provide for the treatment of users of narcotics in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the purpose Narcotios. of this Act is to protect the health and safety of the people of the Dis- Treatment of trict of Columbia from the menace of drug addiction and to afford an users in D. C. opportunity to the drug user for rehabilitation. The Congress intends that Federal criminal laws shall be enforced against drug users as well as other persons, and this Act shall not be used to substitute treatment for punishment in cases of crime committed by drug users. DEFINITIONS SEC. 2. For the purposes of this Act— (1) The term "drug user" means any person who habitually uses any habit-forming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term "patient" means a person with respect to whom there has been filed with the clerk of the United States District Court for the District of Columbia a statement as provided for in section 3. FILING A STATEMENT SEC. 3. (a) Whenever it appears to the United States attorney for the District of Columbia that any person within the District of Columbia, other than a person referred to in subsection (b), is a drug user, he may file with the clerk of the United States District Court 67 Stat. 77. for the District of Columbia a statement in writing setting forth the 67 Stat. 78. facts tending to show that such a person is a drug user. (b) The United States attorney shall not file a statement under this section with respect to any person who is charged with a criminal offense, whether by indictment, by information, or who is under sentence for a criminal offense, whether he is serving the sentence, or is on probation or parole, or has been released on bond pending appeal. COURT ORDER FOR EXAMINATION SEC. 4. Upon the filing of such a statement, the court shall order the patient to appear before it for an examination by physicians pursuant to section 6 (a) of this Act and for a hearing if required under section 7 of this Act. The copy of the statement and order of the court shall be served personally upon the patient by the United States Marshal. RIGHT TO COUNSEL SEC. 5. A patient shall have the right to the assistance of counsel at every stage of the judicial proceeding under this Act. Before the court appoints physicians pursuant to section 6 of this Act it shall advise the patient of his right to counsel and shall assign counsel to represent him if the patient is unable to obtain counsel. EXAMINATIONS BY PHYSICIANS SEC. 6. (a) When such a statement has been filed the court shall appoint two qualified physicians, one of whom shall be a psychiatrist, to examine the patient. For the purpose of the examination the court (91) 67 Stat. 78. 67 Stat. 79. may order the patient committed for such reasonable period as the court may determine to a suitable hospital or other facility to be designated by the court. Each physician shall, within such periods as the court may direct, file a written report of the examination, which shall include a statement of his conclusion as to whether the patient is a drug user. (b) The counsel for the patient may inspect the reports of the examination. No such report and no evidence resulting from the personal examination of the patient or evidence offered by the patient shall be admissible against him in any judicial proceeding except a proceeding under this Act. WHEN HEARING IS REQUIRED SEC. 7. If, in a report filed pursuant to section 6 of this Act, either of the examining physicians states that the patient is a drug user, or that he is unable to reach any conclusion by reason of the refusal of the patient to submit to thorough examination, the court shall conduct a hearing in the manner provided in section 8 of this Act. If, on the basis of the reports filed, the court is not required to conduct such a hearing, it shall enter an order dismissing the proceeding under this Act. If a hearing is deemed necessary, then such notice of hearing shall be served personally upon the patient to afford the said patient the opportunity to prepare for the hearing. HEARING SEC. 8. Upon the evidence introduced at a hearing held for that purpose the court shall determine whether the patient is a drug user. The hearing shall be conducted without a jury unless, before the hearing and within fifteen days after the date on which the second report is filed pursuant to section 6 of this Act, a jury is demanded by the patient or by the United States Attorney. The patient may, after appointment or employment of counsel, waive a hearing and be committed directly to a hospital designated by the Commissioners of the District of Columbia, or their designated agent. The rules of evidence applicable in judicial proceedings in the court are applicable to hearings pursuant to this section, including the right of the patient to present evidence in his own behalf and to subpena and cross-examine witnesses. CONFINEMENT OF PATIENT SEC. 9. If the court finds the patient to be a drug user, it may commit him to a hospital designated by the patient or the Commissioners of the District of Columbia, or their designated agent, and approved by the court, to be confined there for rehabilitation until released in accordance with section 10 of this Act. The head of the hospital shall submit written reports, within such periods as the court may direct, but no longer than six months after the commitment and for successive intervals of time thereafter, and state reasons why the patient has not been released. RELEASE OF PATIENT SEC. 10. (a) When the head of the hospital to which the patient is committed finds that the patient appears to be no longer in need of rehabilitation, or has received maximum benefits, they shall give notice to the judge of the committing court, and the said patient shall be delivered to the said court, for such further action as the court may deem necessary and proper under the provisions of this Act. |