[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1247 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1247
To amend the First Step Act of 2018 to permit defendants convicted of
certain offenses to be eligible for reduced sentences, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, Ms.
Klobuchar, and Mr. Paul) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the First Step Act of 2018 to permit defendants convicted of
certain offenses to be eligible for reduced sentences, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terry Technical Correction Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that on June 14, 2021, the Supreme
Court of the United States decided the case of Terry v. United States,
141 S. Ct. 1858 (2021), holding that crack offenders who did not
trigger a mandatory minimum do not qualify for the retroactivity
provisions of section 404 of the First Step Act of 2018 (21 U.S.C. 841
note).
(b) Purpose.--The purpose of this Act is to clarify that the
retroactivity provisions of section 404 of the First Step Act of 2018
(21 U.S.C. 841 note) are available to those offenders who were
sentenced for a crack-cocaine offense before the Fair Sentencing Act of
2010 (Public Law 111-220) became effective, including individuals with
low-level crack offenses sentenced under section 401(b)(1)(C) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(C)).
SEC. 3. APPLICATION OF FAIR SENTENCING ACT OF 2010.
Section 404 of the First Step Act of 2018 (21 U.S.C. 841 note) is
amended--
(1) in subsection (a)--
(A) by striking ```covered offense' means'' and
inserting ```covered offense'--
``(1) means'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) includes a violation, involving cocaine base, of--
``(A) section 3113 of title 5, United States Code;
``(B) section 401(b)(1)(C) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(C));
``(C) section 404(a) of the Controlled Substances
Act (21 U.S.C. 844(a));
``(D) section 406 of the Controlled Substances Act
(21 U.S.C. 846);
``(E) section 408 of the Controlled Substances Act
(21 U.S.C. 848);
``(F) subsection (b) or (c) of section 409 of the
Controlled Substances Act (21 U.S.C. 849);
``(G) subsection (a) or (b) of section 418 of the
Controlled Substances Act (21 U.S.C. 859);
``(H) subsection (a), (b), or (c) of section 419 of
the Controlled Substances Act (21 U.S.C. 860);
``(I) section 420 of the Controlled Substances Act
(21 U.S.C. 861);
``(J) section 1010(b)(3) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)(3));
``(K) section 1010A of the Controlled Substances
Import and Export Act (21 U.S.C. 960a);
``(L) section 90103 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12522);
``(M) section 70503 or 70506 of title 46, United
States Code; and
``(N) any attempt, conspiracy or solicitation to
commit an offense described in subparagraphs (A)
through (M).''; and
(2) in subsection (c), by inserting ``A motion under this
section that was denied after a court determination that a
violation described in subsection (a)(2) was not a covered
offense shall not be considered a denial after a complete
review of the motion on the merits within the meaning of this
section.'' after the period at the end of the second sentence.
<all>