EQUAL Act Eliminating a Quantifiably Unjust Application of the Law Act
Impact
If enacted, SB524 would lead to significant changes in federal law by repealing existing provisions that impose harsher sentences for cocaine base offenses. The amendments proposed in the bill would apply broadly, meaning that any sentences imposed after the enactment would be subject to these new guidelines, regardless of when the offense was committed. Moreover, it permits individuals previously convicted of base cocaine offenses to seek a reduced sentence, thereby offering a potential remedy for those adversely affected by these sentencing disparities.
Summary
Senate Bill 524, also known as the EQUAL Act, aims to eliminate the disparity in sentencing for cocaine offenses, specifically addressing the increased penalties associated with cocaine base as compared to its powdered form. This bill is a response to longstanding criticisms regarding the disproportionate impact such laws have had, particularly on marginalized communities. By amending the Controlled Substances Act, the legislation seeks to create more equitable treatment under the law for similar offenses related to different forms of cocaine.
Contention
The bill has generated contention among different stakeholders. Proponents of the EQUAL Act argue that it is a necessary step towards rectifying racial and socioeconomic inequalities within the criminal justice system. They emphasize that continued disparities in sentencing contribute to systemic injustice. Conversely, some critics may express concerns over whether such measures could inadvertently contribute to higher rates of drug offenses, although research often suggests that addressing the root causes of addiction and providing comprehensive rehabilitation services may be more effective.
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.
BIDIRECTIONAL Act Bus Integration Dedicated to Improving Resilience, Eliminating Congestion, and Triggering Innovation Over Numerous Applications and Localities Act