Federal
Sentencing Bills in the 111th Congress
Updated October 26,
2009
This is not an exhaustive list of
bills that have a drug policy focus. If you hear of a bill
you think we should list here, contact
us. For detailed information about
these Congressional Bills visit Thomas.gov
or OpenCongress,
a project of the Sunlight Foundation. Our hotlinks to
more information about the status of these bills are
linked to Open Congress.
Archive:
Past Bills and Citizen Proposals
Introduced October 2009
HR
3939 - The Truth in Trials Act
"To amend title 18, United States Code, to
provide an affirmative defense for the medical use of
marijuana in accordance with the laws of the various
States, and for other purpose." Introduced by Congressman
Sam Farr (D-CA), this bill would enable law-abiding
citizens facing federal marijuana related charges to
introduce evidence at trial showing that they were in
compliance with state law.
S
1789 - A Bill to Restore Fairness
to Federal Cocaine Sentencing
Introduced by Senator Dick Durbin (D-VA),
this bill currently had 10 cosponsors. S 1789 would lower
crack cocaine sentences to powder cocaine levels, and
eliminate mandatory minimum sentences for simple crack
cocaine possession, but would also increase penalties for
certain drug trafficking offenses.
Introduced July 2009
HR
3327 - Ramos-Compean Justice Act of
2009
Introduced by Representative Bobby Scott,
the Ramos-Compean Justice Act of 2009 would amend title 18,
United States Code, to prevent unjust and irrational
criminal punishments.
HR
3245 - Fairness in Cocaine
Sentencing Act of 2009
Introduced by Representative Bobby Scott
(D-VA), the Fairness in Cocaine Sentencing Act of 2009
would amend the Controlled Substances Act and the
Controlled Substances Import and Export Act regarding
penalties for cocaine offenses, and for other purposes as
introduced. This bill has been marked-up and it's expected
will come to the House for a full floor vote this year. The
press and others call this the crack equalization bill --
it brings sentencing levels to the levels of imprisonment
currently imposed for powder cocaine.
Introduced June 2009
HR 2943 - The
Personal Use of Marijuana by Responsible Adults Act of
2009
Introduced by Representative Barney Frank (D-MA), this bill
would "eliminate most Federal penalties for possession of
marijuana for personal use, and for other
purposes."
HR
2835 - The Medical Marijuana
Patient Protection Act
Introduced by Representative Barney Frank (D-MA), this bill
would prohibit federal interference in state-run medical
marijuana programs. It would also move marijuana from a
Schedule I drug to a Schedule II drug, recognizing
marijuana's medical value and making it possible for the
FDA to begin setting up a regulatory framework for its
use.
Introduced April 2009
HR
2178 - Crack-Cocaine Equitable
Sentencing Act of 2009
Introduced by Representative Charles Rangel (D-NY), the
Crack-Cocaine Equitable Sentencing Act of 2009 would amend
the Controlled Substances Act and the Controlled Substances
Import and Export Act to eliminate certain mandatory
minimum penalties relating to crack cocaine offenses. Watch
the April 29, 2009 webcast of a Senate Judiciary Committee
hearing entitled, “Restoring Fairness to Federal
Sentencing: Addressing the Crack-Powder Disparity”
Introduced March 2009
S
714 - National Criminal Justice
Commission Act of 2009
Introduced by Senator James Webb (D-Va) and
co-sponsored by Arlen Spector (D-Pa) ranking member of the
Judiciary Committee, The National Criminal Justice
Commission Act of 2009 will create a blue-ribbon commission
to look at every aspect of our criminal justice system with
an eye toward reshaping the process from top to bottom. As
of October 2009, this bill is in the Senate Committee on
the Judiciary scheduled for consideration, and a companion
bill is being prepared in the House.
HR
1475 - Federal Prison Work
Incentive Act of 2009
Introduced by Danny Davis (D-Il) the Federal Prison Work
Incentive Act of 2009 would increase good time and allow
additional opportunities to reduce a sentence through works
programs.
HR
1466 - Major Drug Trafficking
Prosecution Act of 2009
Introduced by Representative Maxine Waters
(D-Ca), the Major Drug Trafficking Prosecution Act of 2009
would abolish mandatory drug sentences.
HR
1459 - Fairness in Cocaine
Sentencing Act of 2009
Introduced by Representative Bobby Scott (D-Va), the
Fairness in Cocaine Sentencing Act of 2009 would eliminate
the distinction between crack and powder cocaine, eliminate
mandatory minimum cocaine sentencing, and explore
establishing probation for some drug offenders. (This bill
has been replace by HR 3245, introduced in July of 2009,
passed out of committee and should be voted on by the full
house.
S.
495 and HR
1412, the Justice Integrity Act of
2009
Introduced by Senator Benjamin Cardin [D,
MD], February 26th, the House Bill was introduced March
10th by Representative Steve Cohen [D, TN-9]. The Justice
Integrity Act of 2009 aims to increase public confidence in
the justice system and address any unwarranted racial and
ethnic disparities in the criminal process.
HR
1529 - Second Chance for
Ex-Offenders Act of 2009
Introduced by Representative Charles Rangel,
this bill would permit expungement of records of certain
nonviolent criminal offenses, provided the offender:
(1) never been convicted of a violent offense and has never
been convicted of a nonviolent offense other than the one
for which expungement is sought; (2) fulfilled all
requirements of the sentence of the court in which
conviction was obtained; (3) remained free from dependency
on or abuse of alcohol or a controlled substance for a
minimum of one year and has been rehabilitated, to the
court's satisfaction, if so required by the terms of
supervised release; (4) obtained a high school diploma or
completed a high school equivalency program; and (5)
completed at least one year of community service.
Introduced
January 2009
HR
265 - Drug Sentencing Reform and
Cocaine Kingpin Trafficking Act of 2009
Introduced by Rep Sheila Jackson Lee (D-Tx),
the Drug Sentencing Reform and Cocaine Kingpin
Trafficking Act of 2009 would target cocaine kingpins and
address sentencing disparity between crack and powder
cocaine.
HR 68
- No More Tulias: Drug Law Enforcement
Evidentiary Standards Improvement Act of 2009
Introduced by Rep Sheila Jackson Lee (D-Tx),
the No More Tulias: Drug Law Enforcement Evidentiary
Standards Improvement Act of 2009 would increase the
evidentiary standard required to convict a person for a
drug offense, to require screening of law enforcement
officers or others acting under color of law participating
in drug task forces, and for other purposes.
HR 61 - Federal
Prison Bureau Nonviolent Offender Relief Act of
2009
Introduced by Rep Sheila Jackson Lee (D-Tx)
the Federal Prison Bureau Nonviolent Offender Relief
Act of 2009 would amend title 18, United States Code,
to provide an alternate release date for certain nonviolent
offenders, and for other
purposes. Introduced 1/6/2009 would direct
the Bureau of Prisons, pursuant to a good time policy, to
release a prisoner who has served one half or more of his
or her term of imprisonment if that prisoner:
• (1) has attained age 45;
• (2) has never been convicted of a crime of violence; and
• (3) has not engaged in any violation, involving violent
conduct, of institutional disciplinary regulations.