Terry Technical Correction Act
Bill: S.2914 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
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.

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 ```offense' means'' and inserting 
                the following:
        ```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; or
                    ``(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.
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