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H.R. 1693 — what changed

Eliminating a Quantifiably Unjust Application of the Law Act of 2021

From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Eliminating a Quantifiably Unjust Application of the Law Act” Act of 2021” or the “EQUAL Act”.Act of 2021”.

Sec. 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 are repealed: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 are repealed: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)
added Past cases—
(A)
added 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)
added 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)
added Section 401 of the Controlled Substances Act (21 U.S.C. 841).
(ii)
added Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960).
(iii)
added Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)).
(iv)
added 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)
added 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)
added 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)
added No requirement to reduce sentence— Nothing in this paragraph may be construed to require a court to reduce a sentence pursuant to this paragraph.
(2)
removed 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.