HR 5035 IHCommentsClose CommentsPermalink

To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased penalties for cocaine offenses where the cocaine involved is cocaine base, to eliminate minimum mandatory penalties for offenses involving cocaine, to use the resulting savings to provide drug treatment and diversion programs for cocaine users, and for other purposes.CommentsClose CommentsPermalink

January 17, 2008

Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Mr. NADLER, Ms. ZOE LOFGREN of California, Ms. JACKSON-LEE of Texas, Ms. WATERS, Mr. COHEN, Mr. JOHNSON of Georgia, Mr. GUTIERREZ, Mr. ELLISON, Ms. CORRINE BROWN of Florida, Mr. DAVIS of Illinois, Mr. FILNER, Mr. GRIJALVA, Mr. LEWIS of Georgia, Ms. NORTON, Mr. PAYNE, Mr. RANGEL, and Mr. STARK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased penalties for cocaine offenses where the cocaine involved is cocaine base, to eliminate minimum mandatory penalties for offenses involving cocaine, to use the resulting savings to provide drug treatment and diversion programs for cocaine users, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fairness in Cocaine Sentencing Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE THE COCAINE INVOLVED IS COCAINE BASE.

(a) Controlled Substances Act- The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:CommentsClose CommentsPermalink





(1) Clause (iii) of section 401(b)(1)(A).CommentsClose CommentsPermalink





(2) Clause (iii) of section 401(b)(1)(B).CommentsClose CommentsPermalink





(3) The sentence beginning `Notwithstanding the preceding sentence' in section 404(a).CommentsClose CommentsPermalink





(b) Controlled Substances Import and Export Act- The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:CommentsClose CommentsPermalink





(1) Subparagraph (C) of section 1010(b)(1).CommentsClose CommentsPermalink





(2) Subparagraph (C) of section 1010(b)(2).CommentsClose CommentsPermalink

SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBATIONARY SENTENCE.

(a) Controlled Substances Act- Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in the penultimate sentence of subparagraph (A), by inserting `, other than under clause (ii)' after `any person sentenced under this subparagraph'; andCommentsClose CommentsPermalink





(2) in the final sentence of subparagraph (B), by inserting `, other than under clause (ii)' after `any person sentenced under this subparagraph'.CommentsClose CommentsPermalink





(b) Controlled Substances Import and Export Act- Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended in the penultimate sentence of each of paragraphs (1) and (2), by inserting `, other than under subparagraph (B)' after `any person sentenced under this paragraph'.CommentsClose CommentsPermalink

SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISONMENT PENALTIES FOR COCAINE OFFENSES.

(a) Controlled Substances Act-CommentsClose CommentsPermalink





(1) Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is amended by adding at the end the following: `However, any minimum term of imprisonment otherwise required under this subparagraph shall not apply to an offense under clause (ii).'.CommentsClose CommentsPermalink





(2) Section 401(b)(1)(B) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(B)) is amended by adding at the end the following: `However, any minimum term of imprisonment otherwise required under this subparagraph shall not apply to an offense under clause (ii).'.CommentsClose CommentsPermalink





(b) Controlled Substances Import and Export Act-CommentsClose CommentsPermalink





(1) Section 1010(b)(1) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended by adding at the end the following: `However, any minimum term of imprisonment otherwise required under this paragraph shall not apply to an offense under subparagraph (B).'.CommentsClose CommentsPermalink





(2) Section 1010(b)(2) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended by adding at the end the following: `However, any minimum term of imprisonment otherwise required under this paragraph shall not apply to an offense under subparagraph (B).'.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION FOR FEDERAL DRUG COURT PROGRAM.

There is authorized to be appropriated to the Administrative Office of the United States Courts $10,000,000 for each of fiscal years 2009 through 2013 to provide pretrial diversion and post conviction drug courts at the Federal level for people charged with illegal use of controlled substances.CommentsClose CommentsPermalink

SEC. 6. REAUTHORIZATION OF DRUG COURTS GRANT PROGRAM.

Section 1001(a)(25)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(25)(A)) is amended to read as follows:CommentsClose CommentsPermalink





`(A) Except as provided in subparagraph (C), there are authorized to be appropriated to carry out part EE $50,000,000 for each of the fiscal years 2009 through 2013.'.CommentsClose CommentsPermalink