S. 1247Senate118th Congress (2023-2025)In Committee

Terry Technical Correction Act

Introduced April 20, 2023

AI-Generated Summary

Updated January 20, 2026 at 6:26 AM UTC

The Terry Technical Correction Act amends the First Step Act of 2018 to make sure that people sentenced for crack‑cocaine offenses before the 2010 Fair Sentencing Act can qualify for reduced sentences under the Act’s retroactivity provisions. It clarifies that those earlier crack offenses are covered, expanding eligibility for sentence reductions.

Key Provisions

  • Clarifies that the retroactivity provisions of Section 404 of the First Step Act apply to crack‑cocaine offenders sentenced before the Fair Sentencing Act of 2010, including low‑level crack offenses.
  • Amends the definition of “covered offense” in Section 404 to explicitly include a list of specific cocaine‑base violations and related statutes across several sections of the Controlled Substances Act and other laws.
  • Adds language stating that a motion denied after a court determines a violation is not a covered offense will not be treated as a denial for the purposes of a full merits review.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S1296)

April 20, 2023

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SenateIntro Referral

Introduced in Senate

April 20, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S1296)

April 20, 2023

Floor Debate

3 members

What members said about S. 1247 on the floor

1 Republican2 Democrats
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 20, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record. Madam President, most Americans spent more time at home watching television during the pandemic. I know I…

Jack Reed
Sen. Jack ReedD-RI · Apr 20, 2023

Madam President, today, I am introducing important environmental literacy legislation, the No Child Left Inside Act, along with Senator Collins and Senator Merkley and Congressman Sarbanes. Our…

John Thune
Sen. John ThuneR-SD · Apr 20, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 20, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued April 20, 2023

II

118th CONGRESS

1st Session

S. 1247

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.

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 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.