Notes on 21 U.S.C. § 860 : US Code - Notes

Search Notes on 21 U.S.C. § 860 : US Code - Notes

(Pub. L. 91-513, title II, Sec. 419, formerly Sec. 405A, as added
Pub. L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat.
2069; amended Pub. L. 99-570, title I, Secs. 1004(a), 1104,
1105(c), 1841(b), 1866(b), (c), Oct. 27, 1986, 100 Stat. 3207-6,
3207-11, 3207-52, 3207-55; Pub. L. 99-646, Sec. 28, Nov. 10, 1986,
100 Stat. 3598; Pub. L. 100-690, title VI, Secs. 6452(b)(1), 6457,
6458, Nov. 18, 1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and
amended Pub. L. 101-647, title X, Secs. 1002(b), 1003(b), title
XII, Sec. 1214, title XV, Sec. 1502, title XXXV, Sec. 3599L, Nov.
29, 1990, 104 Stat. 4827, 4829, 4833, 4836, 4932; Pub. L. 103-322,
title XIV, Sec. 140006, title XXXII, Sec. 320107, title XXXIII,
Sec. 330009(a), Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)
CODIFICATION
Section was classified to section 845a of this title prior to
renumbering by Pub. L. 101-647.
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322, Sec. 320107, substituted
"playground, or housing facility owned by a public housing
authority, or within" for "playground, or within".
Subsec. (b). Pub. L. 103-322, Secs. 320107, 330009(a),
substituted "playground, or housing facility owned by a public
housing authority, or within" for "playground, or within" and
inserted a period at end of penultimate sentence.
Subsecs. (c) to (e). Pub. L. 103-322, Sec. 140006, added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1502(1), inserted "or a
playground," after "university," and struck out "playground," after
"within 100 feet of a".
Pub. L. 101-647, Sec. 1214(1)(C), substituted "a person shall be
sentenced under this subsection to a term of imprisonment of not
less than one year" for "a term of imprisonment under this
subsection shall be not less than one year".
Pub. L. 101-647, Sec. 1214(1)(B), inserted "A fine up to twice
that authorized by section 841(b) of this title may be imposed in
addition to any term of imprisonment authorized by this
subsection."
Pub. L. 101-647, Sec. 1214(1)(A), which directed the amendment of
par. (1) by striking out ", or a fine, or both," could not be
executed because those words did not appear. See note below.
Pub. L. 101-647, Sec. 1003(b)(1), which directed the substitution
of "subject to (1) twice the maximum punishment authorized by
section 841(b) of this title" for "punishable (1) by a term of
imprisonment, or a fine, or both, up to twice that authorized by
section 841(b) of this title", was executed by making the
substitution for "punishable (1) by a term of imprisonment, or
fine, or both, up to twice that authorized by section 841(b) of
this title" to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has become
final" for "have become final".
Pub. L. 101-647, Sec. 1502(2), inserted "or a playground," after
"university," and struck out "playground," after "within 100 feet
of a".
Pub. L. 101-647, Sec. 1214(2)(B), inserted after first sentence
"A fine up to three times that authorized by section 841(b) of this
title may be imposed in addition to any term of imprisonment
authorized by this subsection. Except to the extent a greater
minimum sentence is otherwise provided by section 841(b) of this
title, a person shall be sentenced under this subsection to a term
of imprisonment of not less than three years".
Subsec. (b)(1)(B). Pub. L. 101-647, Sec. 1214(2)(A), which
directed the amendment of subpar. (B) by striking ", or a fine up
to three times that" through "or both", could not be executed
because the language did not appear after execution of the
intervening amendment by Pub. L. 101-647, Sec. 1003(b)(2). See
below.
Pub. L. 101-647, Sec. 1003(b)(2), substituted "three times the
maximum punishment authorized by section 841(b) of this title for a
first offense" for "a term of imprisonment of up to three times
that authorized by section 841(b) of this title for a first
offense, or a fine up to three times that authorized by section
841(b) of this title for a first offense, or both".
Subsec. (c). Pub. L. 101-647, Sec. 1214(3), inserted "mandatory
minimum" after "In the case of any", struck out "subsection (b) of"
after "imposed under", and substituted "An individual convicted
under this section shall not be eligible for parole until the
individual has served the mandatory minimum term of imprisonment as
provided by this section" for "An individual convicted under
subsection (b) of this section shall not be eligible for parole
under chapter 311 of title 18 until the individual has served the
minimum sentence required by such subsection".
1988 - Subsec. (a). Pub. L. 100-690, Secs. 6457, 6458(a),
inserted ", possessing with intent to distribute," after
"distributing" and ", or within 100 feet of a playground, public or
private youth center, public swimming pool, or video arcade
facility," after "university".
Subsec. (b). Pub. L. 100-690, Secs. 6452(b)(1), 6457, 6458(a),
inserted ", possessing with intent to distribute," after
"distributing", and ", or within 100 feet of a playground, public
or private youth center, public swimming pool, or video arcade
facility," after "university", substituted "a prior conviction" for
"a prior conviction or convictions", and inserted at end "Penalties
for third and subsequent convictions shall be governed by section
841(b)(1)(A) of this title."
Subsec. (d). Pub. L. 100-690, Sec. 6458(b), added subsec. (d).
1986 - Subsec. (a). Pub. L. 99-570, Secs. 1104(a), (b), 1105(c),
1841(b)(1), inserted "or section 856 of this title" and "or
manufacturing", substituted "a public or private elementary,
vocational, or secondary school or a public or private college,
junior college, or university" for "a public or private elementary
or secondary school", struck out "involving the same controlled
substance and schedule" after "for a first offense", and inserted
"Except to the extent a greater minimum sentence is otherwise
provided by section 841(b) of this title, a term of imprisonment
under this subsection shall be not less than one year. The
mandatory minimum sentencing provisions of this paragraph shall not
apply to offenses involving 5 grams or less of marihuana."
Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
release" for "special parole term".
Subsec. (b). Pub. L. 99-646 which directed that "parole" be
inserted after "(2) at least three times any special" could not be
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c)
below.
Pub. L. 99-570, Sec. 1166(b), which directed that "term of
supervised release" be substituted for "special term" could not be
executed in view of prior amendment by Pub. L. 99-570, Sec. 1104(c)
below.
Pub. L. 99-570, Secs. 1104(a), 1841(b)(2), inserted reference to
section 856 of this title, inserted "or manufacturing" after
"distributing" and substituted "a public or private elementary,
vocational, or secondary school or a public or private college,
junior college, or university" for "a public or private elementary
or secondary school".
Pub. L. 99-570, Sec. 1104(c), amended cls. (1) and (2) generally.
Prior to amendment, cls. (1) and (2) read as follows: "(1) by a
term of imprisonment of not less than three years and not more than
life imprisonment and (2) at least three times any special term
authorized by section 841(b) of this title for a second or
subsequent offense involving the same controlled substance and
schedule."
Subsec. (c). Pub. L. 99-570, Sec. 1866(c), substituted reference
to chapter 311 of title 18 for reference to section 4202 of that
title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1004(a) of Pub. L. 99-570 effective on date
of taking effect of section 3583 of Title 18, Crimes and Criminal
Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
out as a note under section 841 of this title.