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H.R. 5455 (117th): Terry Technical Correction Act

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The text of the bill below is as of Nov 30, 2022 (Referred to Senate Committee). The bill was not enacted into law.

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.