EQUAL Act of 2021

Bill: 117-hr-1693
Sponsor: full_name: Rep. Jeffries, Hakeem S. [D-NY-8]
Introduced: 2021-03-09
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Drug trafficking and controlled substances
Latest action: action_date: 2021-09-29
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-03-09
action_desc: Introduced in House
text: <p><strong>Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act</strong></p> <p>This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. </p> <p>Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.</p> <p>This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. </p> <p>The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes resentencing of a defendant who was convicted or sentenced for a crack cocaine offense before the date of enactment. </p>

action_date: 2021-09-27
action_desc: Reported to House, Part I
text: <p><strong>Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021</strong></p> <p>This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. </p> <p>Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.</p> <p>This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. </p> <p>The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill's enactment. A defendant does not have to be present at the sentence reduction hearing. Finally, the bill prohibits the reduction of a sentence that was previously reduced. </p>

action_date: 2021-09-28
action_desc: Passed House
text: <p><strong>Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021</strong></p> <p>This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.</p> <p>Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.</p> <p>This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties.</p> <p>The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes a sentencing court to impose a reduced sentence on a defendant who was convicted or sentenced for a specified crack cocaine offense before this bill's enactment. A defendant does not have to be present at the sentence reduction hearing. Finally, the bill prohibits the reduction of a sentence that was previously reduced.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 1693 IN THE HOUSE OF REPRESENTATIVES March 9, 2021 Mr. Jeffries (for himself, Mr. Scott of Virginia , Mr. Armstrong , and Mr. Bacon ) introduced the following bill; which was 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 A BILL To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.

1. Short title This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act . 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.

tv_txt: I 117th CONGRESS 1st Session H. R. 1693 IN THE HOUSE OF REPRESENTATIVES AN ACT To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.

1. Short title This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021 . 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 (A) In general In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), 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. (B) Federal offense described A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ). (ii) Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ). (iii) Section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 28, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IIB 117th CONGRESS 1st Session H. R. 1693 IN THE SENATE OF THE UNITED STATES September 29, 2021 Received; read twice and referred to the Committee on the Judiciary AN ACT To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.

1. Short title This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021 . 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 (A) In general In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), 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. (B) Federal offense described A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ). (ii) Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ). (iii) Section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph. 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 28, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 92 117th CONGRESS 1st Session H. R. 1693 [Report No. 117–128, Part I] IN THE HOUSE OF REPRESENTATIVES March 9, 2021 Mr. Jeffries (for himself, Mr. Scott of Virginia , Mr. Armstrong , and Mr. Bacon ) introduced the following bill; which was 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 September 27, 2021 Additional sponsors: Ms. Mace , Mr. Cohen , Mr. Taylor , Mrs. Rodgers of Washington , Mr. Massie , Mr. Trone , Mr. Meijer , Mr. Lieu , Mrs. Spartz , Mr. Reschenthaler , Mr. Cole , Ms. Scanlon , Ms. Schakowsky , Mr. Joyce of Ohio , Mr. Jones , Mr. Moore of Alabama , Mrs. Bice of Oklahoma , Mr. Nadler , Ms. Jackson Lee , Ms. Tlaib , Mr. Raskin , Mr. Brendan F. Boyle of Pennsylvania , Mr. Johnson of South Dakota , Mrs. Demings , Ms. Clark of Massachusetts , Mr. Bilirakis , Ms. Dean , Mr. Lucas , Mr. Sean Patrick Maloney of New York , Mr. Crenshaw , Mr. Cleaver , Mr. Gohmert , Mr. Yarmuth , Mr. McClintock , Mr. Owens , Mr. Cicilline , Ms. Bonamici , Ms. Strickland , Mr. Mfume , Mr. Norman , Mr. Malinowski , Mr. Timmons , Mr. Blumenauer , Mrs. Hinson , Mr. Keller , Mr. Cooper , Ms. Norton , Mr. Espaillat , Ms. Sherrill , Ms. Salazar , Mr. Young , and Ms. Williams of Georgia September 27, 2021 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic September 27, 2021 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on March 9, 2021 A BILL To eliminate the disparity in sentencing for cocaine offenses, and for other purposes.

1. Short title This Act may be cited as the Eliminating a Quantifiably Unjust Application of the Law Act of 2021 or the EQUAL Act of 2021 . 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 (A) In general In the case of a defendant who, on or before the date of enactment of this Act, was sentenced for a Federal offense described in subparagraph (B), 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. (B) Federal offense described A Federal offense described in this subparagraph is an offense that involves cocaine base that is an offense under one of the following: (i) Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ). (ii) Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ). (iii) Section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ). (iv) Any other Federal criminal offense, the conduct or penalties for which were established by reference to a provision described in clause (i), (ii), or (iii). (C) Defendant not required to be present Notwithstanding Rule 43 of the Federal Rules of Criminal Procedure, the defendant is not required to be present at any hearing on whether to impose a reduced sentence pursuant to this paragraph. (D) No reduction for previously reduced sentences A court may not consider a motion made under this paragraph to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with this Act. (E) No requirement to reduce sentence Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph.

September 27, 2021 Reported from the Committee on the Judiciary with an amendment September 27, 2021 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed