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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1789

           To restore fairness to Federal cocaine sentencing.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2009

  Mr. Durbin (for himself, Mr. Leahy, Mr. Specter, Mr. Feingold, Mr. 
Cardin, Mr. Whitehouse, Mr. Kaufman, Mr. Franken, Mr. Dodd, Mr. Kerry, 
and Mr. Levin) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
           To restore fairness to Federal cocaine sentencing.

    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 ``Fair Sentencing Act of 2009''.

SEC. 2. COCAINE SENTENCING DISPARITY ELIMINATION.

    (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 ``5 kilograms''; and
            (2) in subparagraph (B)(iii), by striking ``5 grams'' and 
        inserting ``500 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 ``5 kilograms''; and
            (2) in paragraph (2)(C), by striking ``5 grams'' and 
        inserting ``500 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--
            (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. 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, 
if appropriate, amend the sentencing guidelines to ensure that the 
penalties for an offense involving trafficking of a controlled 
substance provide tiered enhancements for the involvement of a 
dangerous weapon or violence, including, if appropriate--
            (1) an enhancement for the use or brandishing of a firearm 
        or other dangerous weapon;
            (2) an enhancement for the use, or threatened use, of 
        violence; and
            (3) any other enhancement in this respect that the 
        Commission considers necessary.

SEC. 6. 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, 
if appropriate, amend the sentencing guidelines to ensure that the 
penalties for an offense involving trafficking of a controlled 
substance adequately take into account the culpability of the defendant 
and the role of the defendant in the offense, including consideration 
of whether enhancements should be added, or existing enhancements 
should be increased, for the following aggravating factors associated 
with the offense:
            (1) The defendant committed the offense as part of a 
        pattern of criminal conduct engaged in as a livelihood.
            (2) The defendant is an organizer, manager, supervisor, or 
        leader of drug trafficking activities.
            (3) The defendant maintained an establishment for the 
        manufacture or distribution of the controlled substance.
            (4) The defendant distributed a controlled substance to an 
        individual under the age of 21 years or over the age of 64 
        years, or to a pregnant individual.
            (5) The defendant involved an individual under the age of 
        21 years or over the age of 64 years, or a pregnant individual, 
        in the offense.
            (6) The defendant 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.
            (7) The defendant involved an individual who was unusually 
        vulnerable due to physical or mental condition, or who was 
        particularly susceptible to criminal conduct.
            (8) The defendant used threats, coercion, or intimidation 
        to involve an individual in the offense.
            (9) The defendant manufactured or distributed the 
        controlled substance in a location described in section 416(a) 
        or section 419(a) of the Controlled Substances Act (21 U.S.C. 
        856(a) or 860(a)).
            (10) The defendant bribed, or attempted to bribe, a 
        Federal, State, or local law enforcement officer in connection 
        with the offense.
            (11) The defendant was involved in importation into the 
        United States of a controlled substance.
            (12) Bodily injury or death occurred in connection with the 
        offense.
            (13) The defendant used another person to purchase, sell, 
        transport, or store controlled substances and used impulse, 
        fear, friendship, affection, or some combination thereof to 
        involve such person in the offense when such person had a 
        minimum knowledge of the illegal enterprise and was to receive 
        little or no compensation from the illegal transaction.
            (14) The defendant engaged in witness intimidation, 
        tampered, or destroyed evidence, or otherwise obstructed 
        justice in conjunction with the investigation or prosecution of 
        the offense.
            (15) Any other factor the Commission considers necessary.

SEC. 7. INCREASED EMPHASIS ON CERTAIN MITIGATING FACTORS.

    Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall review and, 
if appropriate, amend the sentencing guidelines to ensure that the 
penalties for an offense involving trafficking of a controlled 
substance adequately take into account mitigating factors associated 
with the offense, including--
            (1) whether the defendant had minimum knowledge of the 
        illegal enterprise;
            (2) whether the defendant received little or no 
        compensation in connection with the offense;
            (3) whether the defendant acted on impulse, fear, 
        friendship, or affection when the defendant was otherwise 
        unlikely to commit such an offense; and
            (4) whether any maximum base offense level should be 
        established for a defendant who qualifies for a mitigating role 
        adjustment.

SEC. 8. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.

    (a) In General.--The United States Sentencing Commission, in its 
discretion, may--
            (1) promulgate amendments pursuant to the directives in 
        this Act in accordance with the procedure set forth in section 
        21(a) of the Sentencing Act of 1987 (Public Law 100-182), as 
        though the authority under that Act had not expired; and
            (2) pursuant to the emergency authority provided in 
        paragraph (1), make such conforming amendments to the 
        Sentencing Guidelines as the Commission determines necessary to 
        achieve consistency with other guideline provisions and 
        applicable law.
    (b) Promulgation.--The Commission shall promulgate any amendments 
under subsection (a) promptly so that the amendments take effect on the 
same date as the amendments made by this Act.

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 prepare 
a report analyzing the effectiveness of drug court programs receiving 
funds from the Drug Court Discretionary Grant Program of the United 
States Department of Justice's Office of Justice Programs.
    (b) Focus.--The report required by subsection (a) shall--
            (1) assess the Department of Justice's efforts 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 Department of Justice's response 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.
                                 <all>
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