[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1459 Introduced in House (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.

    This Act may be cited as the ``Fairness in Cocaine Sentencing Act 
of 2009''.

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 are repealed: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 are repealed: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).''.
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