110 HR 5035 IH: Fairness in Cocaine Sentencing Act of U.S. House of Representatives 2008-01-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5035 IN THE HOUSE OF REPRESENTATIVES 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 concerned A BILL 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.

1.

Short title

This Act may be cited as the Fairness in Cocaine Sentencing Act of 2008.

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 are repealed: (1)Clause (iii) of section 401(b)(1)(A).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 are repealed: (1)Subparagraph (C) of section 1010(b)(1).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).

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— (1)in the penultimate sentence of subparagraph (A), by inserting , other than under clause (ii) after any person sentenced under this subparagraph; and (2)in the final sentence of subparagraph (B), by inserting , other than under clause (ii) after any person sentenced under this subparagraph. (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.

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). .

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.

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: (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. .