Pedro Pierluisi on Drugs

Sponsored expunging records for first drug offenders after probation.

Congressional Summary: Amends the federal criminal code to extend the pre-judgment probation and expungement procedures for simple possession of a controlled substance to individuals who are convicted of drug trafficking or of attempting or conspiring to commit a drug offense. Sets forth requirements for granting pre-judgment probation for drug trafficking or of attempting or conspiring to commit a drug offense, including that:

1. the offender did not use violence or credible threats of violence or possess a firearm or other dangerous weapon while committing the offense;
2. the offense did not result in death or serious injury to any person;
3. the offender was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise; and
4. the offender has not been previously convicted of a crime of violence or other offense punishable by a prison term of more than one year.

Distribute sterile syringes to reduce AIDS and hepatitis.

To permit the use of Federal funds for syringe exchange programs for purposes of reducing the transmission of bloodborne pathogens, including HIV and viral hepatitis.

Congress finds as follows:
1. Each year, approximately 12,000 Americans contract HIV/AIDS and approximately 19,000 Americans contract the hepatitis C virus directly or indirectly from sharing contaminated syringes.
2. A 2005 comprehensive international review of the evidence of the effectiveness of syringe exchange programs in preventing HIV transmission shows that such programs reduce HIV transmission and are cost-effective.
3. Research has shown that injection drug users who are referred to addiction treatment from syringe exchange programs are more likely to enter and remain in treatment.
4. Research has shown that, by providing safe disposal of used injection equipment, syringe exchange programs significantly reduce the number of improperly discarded syringes in the community, thereby reducing the exposure of police and others to dangers of blood-borne disease from accidental syringe sticks.
5. Syringe exchange programs reduce the prevalence of HIV among injection drug users.
6. Despite the scientific and public health consensus that syringe exchange programs reduce HIV and do not increase substance abuse, a ban on funding syringe exchange has been enacted as part of each Appropriations Act since 1998.
7. The Public Health Service Act, as added by the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, is subject to a statutory ban on funding needle exchange programs.