S.1002 - Safe Doses Act112th Congress (2011-2012)
Summary: S.1002 — 112th Congress (2011-2012)
Reported to Senate amended (08/28/2012)
Safe Doses Act - (Sec. 2) Amends the federal criminal code to prohibit: (1) embezzling, stealing, obtaining by fraud or deception, or knowingly and unlawfully taking, carrying away, or concealing a medical product that has not yet been made available for retail purchase by a consumer (pre-retail medical product); (2) knowingly and falsely making, altering, forging, or counterfeiting the labeling or documentation of such a product; (3) knowingly possessing, transporting, or trafficking in a product involved in a prohibited act; (4) buying or otherwise obtaining, or selling or distributing, with intent to defraud, such a product that has expired or been stolen; or (5) attempting or conspiring to commit a prohibited act.
Makes an offense under this Act an aggravated offense if: (1) the defendant is employed by, or is an agent of, an organization in the supply chain for the product; or (2) the offense involves the use of violence, force, a threat of violence or force, or the use of a deadly weapon, results in serious bodily injury or death, or is subsequent to a prior conviction for an offense under this Act.
Prescribes criminal and civil penalties for violations of this Act, including a civil penalty of not more than the greater of 3 times the economic loss attributable to the violation or $1 million.
(Sec. 3) Provides for civil forfeiture for any property which constitutes or is derived from proceeds traceable to a violation of this Act.
(Sec. 4) Requires the penalties under this Act to apply for the following offenses involving a pre-retail medical product: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; (2) engaging in monetary transactions in property derived from specified unlawful activity; (3) breaking into or entering carrier facilities with intent to commit larceny; and (4) the transportation, sale, or receipt of stolen property.
(Sec. 5) Includes theft of medical products as a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO).
(Sec. 6) Extends provisions authorizing wiretapping and requiring victim restitution to the crime of theft of a pre-retail medical product.
(Sec. 8) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the sentencing guidelines and policy statements applicable to offenses related to pre-retail medical product theft or robberies and burglaries involving controlled substances to reflect congressional intent that penalties for such offenses are sufficient to deter and punish such offenses and to appropriately account for actual harm to the public.