Text: S.79 — 117th Congress (2021-2022)All Information (Except Text)

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Introduced in Senate (01/28/2021)


117th CONGRESS
1st Session
S. 79


To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.


IN THE SENATE OF THE UNITED STATES

January 28, 2021

Mr. Booker (for himself and Mr. Durbin) 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 Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Eliminating a Quantifiably Unjust Application of the Law Act” or the “EQUAL Act”.

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 are repealed: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) (21 U.S.C. 841(b)(1)(A)).

(2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C. 841(b)(1)(B)).

(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 are repealed: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) (21 U.S.C. 960(b)(1)).

(2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C. 960(b)(2)).

(c) Applicability to pending and past cases.—

(1) PENDING CASES.—This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed.

(2) PAST CASES.—In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a Federal offense involving cocaine base, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.


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