US
Us Congress Senate Bill SB1247

Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB1247

Introduced
4/20/23  

Caption

Terry Technical Correction Act

Impact

The bill's passage would significantly enhance the ability of individuals convicted of low-level crack cocaine offenses to seek reduced sentences. By clarifying the provisions for retroactivity under the First Step Act, this legislation aims to rectify the current gap that prevents certain offenders from benefitting from changes in the law. This could potentially lead to a shift in sentencing practices and alleviate some of the disproportionate sentencing disparities that have historically affected crack versus powder cocaine offenses.

Summary

Senate Bill 1247, known as the Terry Technical Correction Act, was introduced to amend the First Step Act of 2018. The primary aim of the bill is to allow defendants convicted of certain offenses, specifically low-level crack cocaine offenses, to be eligible for reduced sentences. This change is particularly pertinent for individuals sentenced before the Fair Sentencing Act of 2010, addressing the Supreme Court ruling in Terry v. United States, which clarified that offenders with crack offenses who did not trigger mandatory minimums are not entitled to the retroactive relief provisions of the First Step Act.

Contention

Supporters of SB1247 argue that it is a necessary step toward justice for those penalized under outdated and harsh sentencing guidelines for crack cocaine. They contend that this amendment would help address injustices faced by individuals who received sentences that are no longer seen as equitable under today’s standards. Conversely, some critics may raise concerns about the broader implications of reducing sentences for drug offenses, particularly regarding public safety and recidivism rates.

Companion Bills

US HB50

Related 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.

Previously Filed As

US HB1504

Apex Area Technical Corrections Act

US HB455

This bill makes technical corrections in the definitions section of the Controlled Substances Act.

US HB2669

Ensuring Work Opportunities in Correctional Facilities Act of 2023

US SB311

U.S. Customs and Border Protection Officer Retirement Technical Corrections Act

US SB1251

First Step Implementation Act of 2023

US HB1839

Combating Illicit Xylazine Act

US SB993

Combating Illicit Xylazine Act

US HB50

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.

US HB757

Protecting Kids from Candy-Flavored Drugs Act

US HB3567

Combating Workplace Discrimination in Correctional Facilities Act of 2023

Similar Bills

No similar bills found.