S. 1247: 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.

Written by the Congressional Research Service, Library of Congress.