H.R. 4223: Safe Doses Act

H.R. 4223

Safe Doses Act

Date
June 25, 2012 (112th Congress, 2nd Session)

Staff Contact
Sarah Makin

Floor Situation

On Tuesday, June 26, 2012, the House is scheduled to consider H.R. 4223, the Safe Doses Act, under a suspension of the rules requiring a two-thirds majority vote for approval.  The bill was introduced on March 20, 2012, by Rep. James Sensenbrenner (R-WI) and referred to the Committee on the Judiciary.

Bill Summary

H.R. 4223 would amend Chapter 31 of title 18 of United States Code to prohibit theft of medical products.  Specifically, the bill would prohibit theft of a pre-retail medical products, including drugs, medical devices and infant formula.

 

The bill would also prohibit alteration of the labels of pre-retail medical products, transport of stolen or counterfeit medical products and purchase or distribution of expired medical products with the intent to defraud.  The bill would consider offenses as aggregated if committed by an employee of an organization in the medical product supply chain or if the violation involves violence, bodily injury, weapons, death or is a repeat offense.

 

H.R. 4223 would establish criminal penalties of fines and up to 30 years in prison for aggravated offenses that result in serious bodily injury or death; fines and up to 20 years in prison for other aggravated offenses; fines and prison up to 15 years for theft of more than $5,000 in goods; and fines and prison up to three years for all other offenses. It would cap fines at three times the economic loss attributable to the crime or $1 million, whichever is greater.

 

The bill would allow punishment for other crimes involving stolen medical goods under the bill if it would increase the penalties, including: illegal shipment, racketeering, money laundering, breaking and entering, transportation of stolen property and sale of stolen goods.

 

H.R. 4223 would also allow authorities to conduct wiretaps to investigate crimes under the bill and would add offenses under this bill to an existing list of crimes requiring restitution.

 

Lastly, the bill would require that a person charged under the bill to have knowingly stolen medical supplies to be charged under this bill and would require the attorney general to give increased priority to investigations and prosecutions of thefts of medical products.

Cost

There was no CBO score at press time.