[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1789
To restore fairness to Federal cocaine sentencing.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 15, 2009
Mr. Durbin (for himself, Mr. Leahy, Mr. Specter, Mr. Feingold, Mr.
Cardin, Mr. Whitehouse, Mr. Kaufman, Mr. Franken, Mr. Dodd, Mr. Kerry,
and Mr. Levin) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To restore fairness to Federal cocaine sentencing.
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 ``Fair Sentencing Act of 2009''.
SEC. 2. COCAINE SENTENCING DISPARITY ELIMINATION.
(a) CSA.--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 ``5 kilograms''; and
(2) in subparagraph (B)(iii), by striking ``5 grams'' and
inserting ``500 grams''.
(b) 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 ``5 kilograms''; and
(2) in paragraph (2)(C), by striking ``5 grams'' and
inserting ``500 grams''.
SEC. 3. ELIMINATION OF MANDATORY MINIMUM SENTENCE FOR SIMPLE
POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by striking the sentence beginning ``Notwithstanding the
preceding sentence,''.
SEC. 4. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS.
(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(1) in subparagraph (A), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and
inserting ``$10,000,000'', ``$50,000,000'', ``$20,000,000'',
and ``$75,000,000'', respectively; and
(2) in subparagraph (B), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and
inserting ``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
(b) Increased Penalties for Importation and Exportation.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and
inserting ``$10,000,000'', ``$50,000,000'', ``$20,000,000'',
and ``$75,000,000'', respectively, and
(2) in paragraph (2), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and
inserting ``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG
TRAFFICKING 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 enhancement for the use or brandishing of a firearm
or other dangerous weapon;
(2) an enhancement for the use, or threatened use, of
violence; and
(3) any other enhancement in this respect that the
Commission considers necessary.
SEC. 6. INCREASED EMPHASIS ON DEFENDANT'S ROLE AND CERTAIN AGGRAVATING
FACTORS.
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, including consideration
of whether enhancements should be added, or existing enhancements
should be increased, for the following aggravating factors associated
with the offense:
(1) The defendant committed the offense as part of a
pattern of criminal conduct engaged in as a livelihood.
(2) The defendant is an organizer, manager, supervisor, or
leader of drug trafficking activities.
(3) The defendant maintained an establishment for the
manufacture or distribution of the controlled substance.
(4) The defendant distributed a controlled substance to an
individual under the age of 21 years or over the age of 64
years, or to a pregnant individual.
(5) The defendant involved an individual under the age of
21 years or over the age of 64 years, or a pregnant individual,
in the offense.
(6) The defendant distributed a controlled substance to an
individual who was unusually vulnerable due to physical or
mental condition, or who was particularly susceptible to
criminal conduct.
(7) The defendant involved an individual who was unusually
vulnerable due to physical or mental condition, or who was
particularly susceptible to criminal conduct.
(8) The defendant used threats, coercion, or intimidation
to involve an individual in the offense.
(9) The defendant manufactured or distributed the
controlled substance in a location described in section 416(a)
or section 419(a) of the Controlled Substances Act (21 U.S.C.
856(a) or 860(a)).
(10) The defendant bribed, or attempted to bribe, a
Federal, State, or local law enforcement officer in connection
with the offense.
(11) The defendant was involved in importation into the
United States of a controlled substance.
(12) Bodily injury or death occurred in connection with the
offense.
(13) The defendant used another person to purchase, sell,
transport, or store controlled substances and used impulse,
fear, friendship, affection, or some combination thereof to
involve such person in the offense when such person had a
minimum knowledge of the illegal enterprise and was to receive
little or no compensation from the illegal transaction.
(14) The defendant engaged in witness intimidation,
tampered, or destroyed evidence, or otherwise obstructed
justice in conjunction with the investigation or prosecution of
the offense.
(15) Any other factor the Commission considers necessary.
SEC. 7. INCREASED EMPHASIS ON CERTAIN MITIGATING FACTORS.
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 mitigating factors associated
with the offense, including--
(1) whether the defendant had minimum knowledge of the
illegal enterprise;
(2) whether the defendant received little or no
compensation in connection with the offense;
(3) whether the defendant acted on impulse, fear,
friendship, or affection when the defendant was otherwise
unlikely to commit such an offense; and
(4) whether any maximum base offense level should be
established for a defendant who qualifies for a mitigating role
adjustment.
SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) In General.--The United States Sentencing Commission, in its
discretion, may--
(1) promulgate amendments pursuant to the directives in
this Act in accordance with the procedure set forth in section
21(a) of the Sentencing Act of 1987 (Public Law 100-182), as
though the authority under that Act had not expired; and
(2) pursuant to the emergency authority provided in
paragraph (1), make such conforming amendments to the
Sentencing Guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
(b) Promulgation.--The Commission shall promulgate any amendments
under subsection (a) promptly so that the amendments take effect on the
same date as the amendments made by this Act.
SEC. 9. REPORT ON EFFECTIVENESS OF DRUG COURTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall prepare
a report analyzing the effectiveness of drug court programs receiving
funds from the Drug Court Discretionary Grant Program of the United
States Department of Justice's Office of Justice Programs.
(b) Focus.--The report required by subsection (a) shall--
(1) assess the Department of Justice's efforts to collect
data on the performance of federally funded drug courts;
(2) address the effect of drug courts on recidivism and
substance abuse rates;
(3) address any cost benefits resulting from the use of
drug courts as alternatives to incarceration;
(4) assess the Department of Justice's response to previous
recommendations made by the Comptroller General regarding drug
court programs; and
(5) make recommendations concerning the performance,
impact, and cost-effectiveness of federally funded drug court
programs.
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