Text: S.1789 — 111th Congress (2009-2010)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 111-220 (08/03/2010)

 
[111th Congress Public Law 220]
[From the U.S. Government Printing Office]



[[Page 2371]]

                       FAIR SENTENCING ACT OF 2010

[[Page 124 STAT. 2372]]

Public Law 111-220
111th Congress

                                 An Act


 
   To restore fairness to Federal cocaine sentencing. <<NOTE: Aug. 3, 
                          2010 -  [S. 1789]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Fair Sentencing 
Act of 2010.>> 
SECTION 1. <<NOTE: 21 USC 801 note.>> SHORT TITLE.

    This Act may be cited as the ``Fair Sentencing Act of 2010''.
SEC. 2. COCAINE SENTENCING DISPARITY REDUCTION.

    (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 ``280 grams''; and
            (2) in subparagraph (B)(iii), by striking ``5 grams'' and 
        inserting ``28 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 ``280 grams''; and
            (2) in paragraph (2)(C), by striking ``5 grams'' and 
        inserting ``28 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--

[[Page 124 STAT. 2373]]

            (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. <<NOTE: Review. 28 USC 994 note.>> 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 
amend the Federal sentencing guidelines to ensure that the guidelines 
provide an additional penalty increase of at least 2 offense levels if 
the defendant used violence, made a credible threat to use violence, or 
directed the use of violence during a drug trafficking offense.
SEC. 6. <<NOTE: Review. 28 USC 994 note.>> 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 
amend the Federal sentencing guidelines to ensure an additional increase 
of at least 2 offense levels if--
            (1) the defendant bribed, or attempted to bribe, a Federal, 
        State, or local law enforcement official in connection with a 
        drug trafficking offense;
            (2) the defendant maintained an establishment for the 
        manufacture or distribution of a controlled substance, as 
        generally described in section 416 of the Controlled Substances 
        Act (21 U.S.C. 856); or
            (3)(A) the defendant is an organizer, leader, manager, or 
        supervisor of drug trafficking activity subject to an 
        aggravating role enhancement under the guidelines; and
            (B) the offense involved 1 or more of the following super-
        aggravating factors:
                    (i) The defendant--
                          (I) used another person to purchase, sell, 
                      transport, or store controlled substances;
                          (II) used impulse, fear, friendship, 
                      affection, or some combination thereof to involve 
                      such person in the offense; and
                          (III) such person had a minimum knowledge of 
                      the illegal enterprise and was to receive little 
                      or no compensation from the illegal transaction.
                    (ii) The defendant--
                          (I) knowingly distributed a controlled 
                      substance to a person under the age of 18 years, a 
                      person over the age of 64 years, or a pregnant 
                      individual;
                          (II) knowingly involved a person under the age 
                      of 18 years, a person over the age of 64 years, or 
                      a pregnant individual in drug trafficking;
                          (III) knowingly 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; or

[[Page 124 STAT. 2374]]

                          (IV) knowingly involved an individual who was 
                      unusually vulnerable due to physical or mental 
                      condition, or who was particularly susceptible to 
                      criminal conduct, in the offense.
                    (iii) The defendant was involved in the importation 
                into the United States of a controlled substance.
                    (iv) The defendant engaged in witness intimidation, 
                tampered with or destroyed evidence, or otherwise 
                obstructed justice in connection with the investigation 
                or prosecution of the offense.
                    (v) The defendant committed the drug trafficking 
                offense as part of a pattern of criminal conduct engaged 
                in as a livelihood.
SEC. 7. <<NOTE: Review. 28 USC 994 note.>> INCREASED EMPHASIS ON 
                    DEFENDANT'S ROLE AND CERTAIN MITIGATING 
                    FACTORS.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall review and 
amend the Federal sentencing guidelines and policy statements to ensure 
that--
            (1) if the defendant is subject to a minimal role adjustment 
        under the guidelines, the base offense level for the defendant 
        based solely on drug quantity shall not exceed level 32; and
            (2) there is an additional reduction of 2 offense levels if 
        the defendant--
                    (A) otherwise qualifies for a minimal role 
                adjustment under the guidelines and had a minimum 
                knowledge of the illegal enterprise;
                    (B) was to receive no monetary compensation from the 
                illegal transaction; and
                    (C) was motivated by an intimate or familial 
                relationship or by threats or fear when the defendant 
                was otherwise unlikely to commit such an offense.
SEC. 8. <<NOTE: 28 USC 994 note.>> EMERGENCY AUTHORITY FOR UNITED 
                    STATES SENTENCING COMMISSION.

    The United States Sentencing Commission shall--
            (1) <<NOTE: Deadline.>> promulgate the guidelines, policy 
        statements, or amendments provided for in this Act as soon as 
        practicable, and in any event not later than 90 days after the 
        date of enactment of this Act, in accordance with the procedure 
        set forth in section 21(a) of the Sentencing Act of 1987 (28 
        U.S.C. 994 note), as though the authority under that Act had not 
        expired; and
            (2) pursuant to the emergency authority provided under 
        paragraph (1), make such conforming amendments to the Federal 
        sentencing guidelines as the Commission determines necessary to 
        achieve consistency with other guideline provisions and 
        applicable law.
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 submit 
to Congress a report analyzing the effectiveness of drug court programs 
receiving funds under the drug court grant program under part EE of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797-u et seq.).
    (b) Contents.--The report submitted under subsection (a) shall--

[[Page 124 STAT. 2375]]

            (1) assess the efforts of the Department of Justice 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 response of the Department of Justice 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.
SEC. 10. UNITED STATES SENTENCING COMMISSION REPORT ON IMPACT OF 
                      CHANGES TO FEDERAL COCAINE SENTENCING LAW.

    Not later than 5 years after the date of enactment of this Act, the 
United States Sentencing Commission, pursuant to the authority under 
sections 994 and 995 of title 28, United States Code, and the 
responsibility of the United States Sentencing Commission to advise 
Congress on sentencing policy under section 995(a)(20) of title 28, 
United States Code, shall study and submit to Congress a report 
regarding the impact of the changes in Federal sentencing law under this 
Act and the amendments made by this Act.

    Approved August 3, 2010.

LEGISLATIVE HISTORY--S. 1789:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Mar. 17, considered and passed Senate.
            July 28, considered and passed House.

                                  <all>