HR 1459 IH
111th CONGRESS
1st Session
H. R. 1459
To amend the Controlled Substances Act and the Controlled Substances Import and Export Act regarding penalties for cocaine offenses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 12, 2009
Mr. SCOTT of Virginia (for himself, Mr. CONYERS, Ms. JACKSON-LEE of Texas, Mr. NADLER of New York, Ms. WATERS, Mr. LEWIS of Georgia, Mr. DAVIS of Illinois, Mr. ELLISON, Mr. JOHNSON of Georgia, Mr. GRIJALVA, Mr. PAYNE, Mr. COHEN, Ms. NORTON, and Mr. RANGEL) 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 concerned
A BILL
To amend the Controlled Substances Act and the Controlled Substances Import and Export Act regarding penalties for cocaine offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
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 are repealed:
(1) Clause (iii) of section 401(b)(1)(A).
(2) Clause (iii) of section 401(b)(1)(B).
(3) The sentence beginning ‘Notwithstanding the preceding sentence’ in section 404(a).
(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 are repealed:
(1) Subparagraph (C) of section 1010(b)(1).
(2) Subparagraph (C) of section 1010(b)(2).
SEC. 3. REESTABLISHMENT OF POSSIBILITY OF PROBATIONARY SENTENCE.
(a) Controlled Substances Act- Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in each of subparagraphs (A) and (B), by striking the last two sentences; and
(2) by striking the final sentence of subparagraph (C).
(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 each of paragraphs (1) and (2), by striking the last two sentences.
SEC. 4. ELIMINATION OF MINIMUM MANDATORY IMPRISONMENT PENALTIES FOR COCAINE OFFENSES.
(a) Controlled Substances Act-
(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).’.
(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).’.
(b) Controlled Substances Import and Export Act-
(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).’.
(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).’.
U.S. Congress - Text of H.R.1459 as Introduced in House Fairness in Cocaine Sentencing Act of 2009
