What This Bill Does
This bill removes extra criminal penalties that currently apply when cocaine base is involved in federal drug crimes. The bill allows courts to reduce sentences for people previously convicted under the old rules.
Who It Affects
People convicted of federal cocaine base offenses and the federal courts that sentence them.
Key Provisions
- The bill removes special penalty clauses in the Controlled Substances Act that increase sentences for cocaine base crimes (Sec. 2(a))
- The bill removes special penalty clauses in the Controlled Substances Import and Export Act that increase sentences for cocaine base crimes (Sec. 2(b))
- Courts can reduce sentences for people convicted before this law passes if the defendant, Bureau of Prisons, government attorney or court itself requests it (Sec. 2(c)(2))
- The new rules apply to all sentences given after the law passes, no matter when the original crime happened (Sec. 2(c)(1))
What Changes
Federal courts will no longer apply increased penalties specifically for cocaine base offenses. People already sentenced under the old rules can ask a court to reduce their sentence.
Important Definitions
None defined in the bill text.
I
118TH CONGRESS
1ST SESSION H. R. 1062
To eliminate the disparity in sentencing for cocaine offenses, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. ARMSTRONG (for himself, Mr. JEFFRIES, Mr. BACON, and Mr. SCOTT of
Virginia) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Eliminating a Quan-
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tifiably Unjust Application of the Law Act’’ or the
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‘‘EQUAL Act’’.
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•HR 1062 IH
SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR CO-
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CAINE OFFENSES WHERE THE COCAINE IN-
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VOLVED IS COCAINE BASE.
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(a) CONTROLLED SUBSTANCES ACT.—The following
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provisions of the Controlled Substances Act (21 U.S.C.
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801 et seq.) are repealed:
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(1) Clause (iii) of section 401(b)(1)(A) (21
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U.S.C. 841(b)(1)(A)).
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(2) Clause (iii) of section 401(b)(1)(B) (21
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U.S.C. 841(b)(1)(B)).
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(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT
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ACT.—The following provisions of the Controlled Sub-
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stances Import and Export Act (21 U.S.C. 951 et seq.)
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are repealed:
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(1) Subparagraph (C) of section 1010(b)(1) (21
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U.S.C. 960(b)(1)).
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(2) Subparagraph (C) of section 1010(b)(2) (21
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U.S.C. 960(b)(2)).
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(c) APPLICABILITY TO PENDING AND PAST CASES.—
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(1) PENDING
CASES.—This section, and the
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amendments made by this section, shall apply to any
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sentence imposed after the date of enactment of this
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Act, regardless of when the offense was committed.
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(2) PAST CASES.—In the case of a defendant
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who, before the date of enactment of this Act, was
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convicted or sentenced for a Federal offense involv-
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•HR 1062 IH
ing cocaine base, the sentencing court may, on mo-
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tion of the defendant, the Bureau of Prisons, the at-
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torney for the Government, or on its own motion,
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impose a reduced sentence after considering the fac-
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tors set forth in section 3553(a) of title 18, United
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States Code.
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Æ
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