[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1685 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1685

  A bill to reduce the sentencing disparity between powder and crack 
 cocaine violations, and to provide increased emphasis on aggravating 
factors relating to the seriousness of the offense and the culpability 
                            of the offender.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2007

 Mr. Hatch (for himself, Mr. Kennedy, Mrs. Feinstein, and Mr. Specter) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  A bill to reduce the sentencing disparity between powder and crack 
 cocaine violations, and to provide increased emphasis on aggravating 
factors relating to the seriousness of the offense and the culpability 
                            of the offender.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Drug Sentencing Act of 
2007''.

SEC. 2. POWDER AND CRACK COCAINE SENTENCING DISPARITY REDUCTION.

    (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A)(iii), by striking ``50 grams'' and 
        inserting ``250 grams''; and
            (2) in subparagraph (B)(iii), by striking ``5 grams'' and 
        inserting ``25 grams''.
    (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--
            (1) in paragraph (1)(C), by striking ``50 grams'' and 
        inserting ``250 grams''; and
            (2) in paragraph (2)(C), by striking ``5 grams'' and 
        inserting ``25 grams''.

SEC. 3. CHANGE IN PENALTY FOR POSSESSION OF CRACK COCAINE.

    Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by striking ``Notwithstanding the preceding sentence,'' and 
all that follows through ``the mixture or substance exceeds 1 gram.''.

SEC. 4. INCREASED EMPHASIS ON CERTAIN AGGRAVATING FACTORS RELATED TO 
              SERIOUSNESS OF THE OFFENSE.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall review and, 
if appropriate, amend the sentencing guidelines to ensure that the 
penalties for an offense involving trafficking of a controlled 
substance provide tiered enhancements for the involvement of a 
dangerous weapon or violence, including, if appropriate--
            (1) an increase to the existing enhancement for possession 
        of a dangerous weapon;
            (2) an enhancement for the use or brandishment of a 
        dangerous weapon;
            (3) an enhancement for the use, or threatened use, of 
        violence; and
            (4) any other enhancement the Commission considers 
        necessary.

SEC. 5. INCREASED EMPHASIS ON CERTAIN FACTORS RELATED TO THE 
              CULPABILITY OF THE OFFENDER.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall review and, if appropriate, amend the sentencing guidelines to 
ensure that the penalties for an offense involving trafficking of a 
controlled substance adequately take into account the culpability of 
the defendant and the role of the defendant in the offense.
    (b) Considerations.--In carrying out this section, the United 
States Sentencing Commission shall consider--
            (1) whether enhancements should be added, either to the 
        existing enhancements for aggravating role or otherwise, that 
        take into account aggravating factors associated with the 
        offense, including--
                    (A) whether the defendant committed the offense as 
                part of a pattern of criminal conduct engaged in as a 
                livelihood;
                    (B) whether the defendant maintained an 
                establishment for the manufacture or distribution of 
                the controlled substance;
                    (C) whether the defendant distributed a controlled 
                substance to an individual under the age of 18 years or 
                a pregnant individual;
                    (D) whether the defendant involved an individual 
                under the age of 18 years or a pregnant individual in 
                the offense;
                    (E) whether the defendant manufactured or 
                distributed the controlled substance in a location 
                described in section 409(a) or section 419(a) of the 
                Controlled Substances Act (21 U.S.C. 849(a) or 860(a));
                    (F) whether the defendant bribed, or attempted to 
                bribe, a Federal, State, or local law enforcement 
                officer in connection with the offense;
                    (G) whether the defendant was involved in the 
                importation into the United States of the controlled 
                substance;
                    (H) whether the defendant committed the offense 
                after previously being convicted of a felony controlled 
                substances offense; and
                    (I) any other factor the Commission considers 
                necessary; and
            (2) whether adjustments should be added, either to the 
        existing guideline for mitigating role or otherwise, that take 
        into account mitigating factors associated with the offense, 
        including--
                    (A) whether the defendant had minimum knowledge of 
                the illegal enterprise;
                    (B) whether the defendant received little or no 
                compensation in connection with the offense; and
                    (C) whether the defendant acted on impulse, fear, 
                or friendship when the defendant was otherwise unlikely 
                to commit such an offense.

SEC. 6. EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION ACTION.

    The United States Sentencing Commission shall promulgate the 
guidelines, policy statements, or amendments provided for in this Act 
as soon as practicable, and in any event not later than 90 days after 
the date of enactment of this Act, in accordance with the procedure set 
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 
note), as though the authority under that Act had not expired.
                                 <all>