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H.R.5035 - Fairness in Cocaine Sentencing Act of 2008

Title: 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.

Sponsor: Rep Scott, Robert C. "Bobby" [VA-3] (introduced 1/17/2008) Cosponsors (25)
Related Bills: H.R.79, H.R.460

Latest Major Action: 1/17/2008 Referred to House committee. Status: 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.

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Fairness in Cocaine Sentencing Act of 2008

HR 5035 IH

110th CONGRESS

2d Session

H. R. 5035

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.

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

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 2008'.

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) 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'.

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).'.

SEC. 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.

SEC. 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.'.

END

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