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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).

First Step Act Passes Senate

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.

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