Fair Sentencing Act of 2010

Bill: 111-s-1789
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2009-10-15 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Congressional oversight
Correctional facilities and imprisonment
Criminal procedure and sentencing
Drug trafficking and controlled substances
Firearms and explosives
U.S. Sentencing Commission
Violent crime

Summary:
action_date: 2009-10-15
text: 
Fair Sentencing Act of 2009 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for crack cocaine trafficking to eliminate the sentencing disparity between crack and powder cocaine; (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances. 
 
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine. 
 
Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and the role of the defendant in such crime, taking into account certain aggravating and mitigating factors. 
 
Directs the Comptroller General to report on the effectiveness of drug court programs funded by the Department of Justice (DOJ) Office of Justice Programs.

action_date: 2010-03-15
text: 
Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
 
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
 
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
 
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. 

action_date: 2010-03-17
text: 

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

 
Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
 
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
 
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
 
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. 

action_date: 2010-07-28
text: 

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

 
Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
 
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
 
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
 
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. 

action_date: 2010-08-03
text: 

(This measure has not been amended since it was reported to the Senate on March 15, 2010. The summary of that version is repeated here.)

 
Fair Sentencing Act of 2010 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to: (1) increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for trafficking; and (2) increase monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
 
Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
 
Directs the United States Sentencing Commission to: (1) review and amend its sentencing guidelines to increase sentences for defendants convicted of using violence during a drug trafficking offense; (2) incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; (3) promulgate guidelines, policy statements, or amendments required by this Act as soon as practicable, but not later than 90 days after the enactment of this Act; and (4) study and report to Congress on the impact of changes in sentencing law under this Act.
 
Directs the Comptroller General, within one year after the enactment of this Act, to report to Congress analyzing the effectiveness of drug court programs under the Omnibus Crime Control and Safe Streets Act of 1968. 


Legislative actions:
action_date: 2010-08-03
text: Became Public Law No: 111-220.
action_date: 2010-08-03
text: Became Public Law No: 111-220.
action_date: 2010-08-03
text: Signed by President.
action_date: 2010-08-03
text: Signed by President.
action_date: 2010-07-29
text: Presented to President.
action_date: 2010-07-29
text: Presented to President.
action_date: 2010-07-28
text: Cleared for White House.
action_date: 2010-07-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-28
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6196-6197)
action_date: 2010-07-28
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6196-6197)
action_date: 2010-07-28
text: DEBATE - The House proceeded with forty minutes of debate on S. 1789.
action_date: 2010-07-28
text: Considered under suspension of the rules. (consideration: CR H6196-6204)
action_date: 2010-07-28
text: Mr. Scott (VA) moved to suspend the rules and pass the bill.
action_date: 2010-06-15
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2010-03-18
text: Referred to House Energy and Commerce
action_date: 2010-03-18
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2010-03-18
text: Referred to House Judiciary
action_date: 2010-03-18
text: Message on Senate action sent to the House.
action_date: 2010-03-18
text: Received in the House.
action_date: 2010-03-17
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S1680-1683; text of amendment in the nature of a substitute: CR S1682)
action_date: 2010-03-17
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S1680-1683; text of amendment in the nature of a substitute: CR S1682)
action_date: 2010-03-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 316.
action_date: 2010-03-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-03-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-03-11
text: Committee on the Judiciary. Ordered to be reported with amendments favorably.
action_date: 2009-10-15
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2009-10-15
text: Sponsor introductory remarks on measure. (CR S10490-10492)
action_date: 2009-10-15
text: Introduced in Senate

Enacted as: number: 111-220