Terry Technical Correction Act

Bill: 117-hr-5455
Sponsor: full_name: Rep. Jackson Lee, Sheila [D-TX-18]
Introduced: 2021-09-30
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Drug trafficking and controlled substances
Latest action: action_date: 2022-11-30
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-09-30
action_desc: Introduced in House
text: <p><b>Terry Technical Correction Act</b></p> <p>This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018.</p> <p>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 <i>Terry v. United States</i> 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.</p> <p>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. </p>

action_date: 2022-11-29
action_desc: Passed House
text: <p><b>Terry Technical Correction Act</b></p> <p>This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018.</p> <p>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 <i>Terry v. United States</i> 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.</p> <p>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. </p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5455 IN THE HOUSE OF REPRESENTATIVES September 30, 2021 Ms. Jackson Lee (for herself, Mr. Nadler , Mr. Cicilline , Mr. Owens , and Mr. Massie ) introduced the following bill; which was 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.

1. Short title This Act may be cited as the Terry Technical Correction Act . 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) ). 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.

tv_txt: IB Union Calendar No. 425 117th CONGRESS 2d Session H. R. 5455 [Report No. 117–586] IN THE HOUSE OF REPRESENTATIVES September 30, 2021 Ms. Jackson Lee (for herself, Mr. Nadler , Mr. Cicilline , Mr. Owens , and Mr. Massie ) introduced the following bill; which was referred to the Committee on the Judiciary November 29, 2022 Additional sponsors: Ms. Norton and Mr. Jeffries November 29, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on September 30, 2021 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.

1. Short title This Act may be cited as the Terry Technical Correction Act . 2. 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 the following: 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; 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 made 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.

November 29, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 117th CONGRESS 2d Session H. R. 5455 IN THE SENATE OF THE UNITED STATES November 30 (legislative day, November 29), 2022 Received; read twice and referred to the Committee on the Judiciary AN ACT 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.

1. Short title This Act may be cited as the Terry Technical Correction Act . 2. 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 the following: 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; 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 made 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.

Passed the House of Representatives November 29, 2022. Cheryl L. Johnson, Clerk.

tv_txt: I 117th CONGRESS 2d Session H. R. 5455 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Terry Technical Correction Act . 2. 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 the following: 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; 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 made 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.

Passed the House of Representatives November 29, 2022. Cheryl L. Johnson, Clerk.