Federal

EQUAL Act

Source: Congress.gov · 457 words in original text

What This Bill Does

This bill removes extra penalties that currently apply to cocaine base offenses under federal law. The law aims to eliminate what the bill calls a disparity in sentencing between different types of cocaine offenses.

Who It Affects

People convicted or sentenced for federal offenses involving cocaine base. Federal courts responsible for sentencing. The Bureau of Prisons. Federal prosecutors (the attorneys for the Government).

Key Provisions

• The bill repeals certain penalty provisions for cocaine base in the Controlled Substances Act that create enhanced (increased) penalties (Sec. 2(a)). • The bill repeals certain penalty provisions for cocaine base in the Controlled Substances Import and Export Act that create enhanced penalties (Sec. 2(b)). • For people sentenced after the bill becomes law, the new rules apply no matter when they committed the offense (Sec. 2(c)(1)). • For people already convicted or sentenced for cocaine base offenses before the bill becomes law, judges can reduce their sentences if the defendant, Bureau of Prisons, federal prosecutors, or the judge requests it (Sec. 2(c)(2)).

What Changes

If this bill becomes law, federal courts will no longer have to impose the extra penalties that currently apply only to cocaine base offenses. People already serving sentences for cocaine base crimes can ask a judge to reduce their sentence, and judges have the power to do so.

Important Definitions

The bill does not explicitly define cocaine base or cocaine in the text provided.

II 118TH CONGRESS 1ST SESSION S. 524 To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 16, 2023 Mr. BOOKER (for himself, Mr. GRAHAM, Mr. DURBIN, Mr. TILLIS, Mr. COONS, Ms. LUMMIS, Mr. WHITEHOUSE, and Mr. PAUL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To eliminate the disparity in sentencing for cocaine offenses, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Eliminating a Quan- 4 tifiably Unjust Application of the Law Act’’ or the 5 ‘‘EQUAL Act’’. 6 VerDate Sep 11 2014 06:21 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S524.IS S524 kjohnson on DSK79L0C42PROD with BILLS 2 •S 524 IS SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO- 1 CAINE OFFENSES WHERE THE COCAINE IN- 2 VOLVED IS COCAINE BASE. 3 (a) CONTROLLED SUBSTANCES ACT.—The following 4 provisions of the Controlled Substances Act (21 U.S.C. 5 801 et seq.) are repealed: 6 (1) Clause (iii) of section 401(b)(1)(A) (21 7 U.S.C. 841(b)(1)(A)). 8 (2) Clause (iii) of section 401(b)(1)(B) (21 9 U.S.C. 841(b)(1)(B)). 10 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 11 ACT.—The following provisions of the Controlled Sub- 12 stances Import and Export Act (21 U.S.C. 951 et seq.) 13 are repealed: 14 (1) Subparagraph (C) of section 1010(b)(1) (21 15 U.S.C. 960(b)(1)). 16 (2) Subparagraph (C) of section 1010(b)(2) (21 17 U.S.C. 960(b)(2)). 18 (c) APPLICABILITY TO PENDING AND PAST CASES.— 19 (1) PENDING CASES.—This section, and the 20 amendments made by this section, shall apply to any 21 sentence imposed after the date of enactment of this 22 Act, regardless of when the offense was committed. 23 (2) PAST CASES.—In the case of a defendant 24 who, before the date of enactment of this Act, was 25 convicted or sentenced for a Federal offense involv- 26 VerDate Sep 11 2014 06:21 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S524.IS S524 kjohnson on DSK79L0C42PROD with BILLS 3 •S 524 IS ing cocaine base, the sentencing court may, on mo- 1 tion of the defendant, the Bureau of Prisons, the at- 2 torney for the Government, or on its own motion, 3 impose a reduced sentence after considering the fac- 4 tors set forth in section 3553(a) of title 18, United 5 States Code. 6 Æ VerDate Sep 11 2014 06:21 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S524.IS S524 kjohnson on DSK79L0C42PROD with BILLS

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