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H.R. 5035, The Fairness in Cocaine Sentencing Act of 2008
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Version saved on February 1, 2008, 18:47:08, by webmaster:
H.R. 5035 would amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased penalties for cocaine offenses where the cocaine involved is cocaine base, to eliminate minimum mandatory penalties for offenses involving cocaine, to use the resulting savings to provide drug treatment and diversion programs for cocaine users.
Detailed Summary
Fairness in Cocaine Sentencing Act of 2008 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate: (1) increased and mandatory minimum penalties for drug offenses involving mixtures or substances which contain cocaine base (i.e., crack cocaine); and (2) restrictions on judicial authority to grant probation or suspended sentences for certain cocaine offenses.
Authorizes appropriations for FY2009-FY2013 for federal pretrial diversion and post conviction drug courts.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations for FY2009-FY2013 for the drug courts grant program.
Status of the Legislation
Latest Major Action: 1/17/2008: Referred to House committee. Status: 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.
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Points Against
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Visitor Comments
Maria Tavarez
May 27, 2008, 2:43pm (report abuse)My fiance is serving a 20-year mandatory minimum and the only way he can ever get a reduced sentence is if they pass this bill.
T. Hairston
June 27, 2008, 3:49pm (report abuse)My husband was sentenced for a simple possession and he received the mandatory minimum,this law was intended for heavy trafficking
Jill
September 13, 2008, 3:01pm (report abuse)My boyfriend is forced to take the mandatory minimum of 5 years with no evidence just people saying he was dealing cocaine to get themselves out of trouble for homeinvasions. This law needs to ammended so innocent people don't go to jail
CRIS
November 5, 2008, 3:29pm (report abuse)I HAVE A SON WHO WAS FOUND QUILTY FOR A DRUG OFFENSE WITH NO EVIDENCE AGAINST HIM, HE HAS BEEN IN COUNTY JAIL FOR A YEAR AND TWO MONTHS, HIS PUBLIC PRETENDER WAS NO HELP TO HIM- I HAVE A FEELING HE WAS ON THE PRESUCTERS SIDE. HE HS NOT VISITED MY SON SINCE HIS TRAIL SINCE FEBURARY, SO YES I WOULD LIKE TO SEE THE LAW OF THE MANDATORY MINIMUM CHANGED FOR FIRST TIME NON VIOLENT OFFENDERS. BY THE WAY HE IS STILL AWAITING HIS SENTENCING WHICH THEY TOLD HIM IT WOULD BE IN SEPTEMBER, BUT NOTHING YET, CAN THIS BE POLITICAL?