EQUAL Act Eliminating a Quantifiably Unjust Application of the Law Act
Impact
If enacted, HB 1062 would amend the Controlled Substances Act by repealing certain provisions that establish heightened penalties for cocaine base offenses. This change is anticipated to have a direct impact on federal sentencing laws, allowing for more equitable treatment of those convicted of cocaine offenses. The bill also includes provisions for retroactive application, meaning that individuals currently serving sentences for cocaine base offenses could petition for a reduced sentence, thereby potentially impacting the prison population and ensuring that past convictions are revisited under more equitable guidelines.
Summary
House Bill 1062, also known as the 'Eliminating a Quantifiably Unjust Application of the Law Act' or EQUAL Act, aims to address the significant disparities in sentencing related to cocaine offenses, particularly between crack cocaine and powder cocaine. The bill proposes the elimination of increased penalties specifically associated with cocaine base offenses, which have historically led to harsher sentences for individuals convicted of crack cocaine offenses compared to those for powder cocaine. This move is viewed as a step towards criminal justice reform and equality in the justice system.
Contention
The bill has drawn both support and opposition. Proponents argue that the existing disparities are rooted in systemic biases and disproportionately impact communities of color, therefore eliminating these disparities is crucial for achieving justice and fairness in sentencing. Conversely, critics may argue that the reduced penalties could undermine deterrents against drug-related offenses. Concerns are also raised about the potential implications for public safety and addiction issues, which could arise from changing the legal consequences associated with drug offenses.
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Terry Technical Correction Act This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018. The First Step Act made the Fair Sentencing Act of 2010 retroactive and authorized sentencing reductions for certain crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective. Under current law, crack cocaine offenders whose conduct triggered a mandatory minimum sentence are eligible for a retroactive sentencing reduction under the First Step Act. However, in 2021, the Supreme Court held in Terry v. United States that low-level crack cocaine offenders whose conduct did not trigger a mandatory minimum sentence are not eligible for a retroactive sentencing reduction under the First Step Act. This bill extends eligibility for a retroactive sentencing reduction under the First Step Act to all crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective, including low-level offenders whose conduct did not trigger a mandatory minimum sentence.