Note
The First Step Act Passes the Senate, 87-12
The Senate passed the First Step Act 87-12 on December 18, 2018, and the President signed it into law three days later.
Written by Brandon Sample · Updated · Filed under Federal sentencing legislation
I am pleased to report that the First Step Act passed the U.S. Senate on December 18, 2018, by a vote of 87-12. It now needs one more House vote before it can go to the President.
Update (October 2026): The House passed the bill on December 20, and the President signed the First Step Act into law on December 21, 2018 (Pub. L. 115-391). Our promised analysis of the final law is our section-by-section summary, updated through October 2026.
The bill faced a last-minute test from an amendment offered by Senators John Kennedy (R-LA) and Tom Cotton (R-AR). The Senate voted on it in three parts and rejected each one with votes from both parties. The votes were 67-32, 66-33, and 62-37 (Senate roll call votes).
The Senate also adopted, by voice vote, an amendment from Senators Ted Cruz (R-TX) and James Lankford (R-OK). It added more offenses to the list of crimes that cannot earn time credits (Senate floor log). The Senate then passed the bill.
Next: a final vote in the House
The bill now goes back to the House for a vote, which could happen this week. If the House passes it, the President could sign it before Christmas.
I will have a detailed analysis of the final bill passed by the Senate, most likely by this coming Sunday.
Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.
