Bill Summary
The proposed legislation seeks to amend Title 18 of the United States Code by prohibiting federal courts from using "acquitted conduct" as a factor in sentencing for criminal convictions. Specifically, it would amend Section 3661, which currently allows courts to consider any information, including conduct for which a defendant has been acquitted, when determining a sentence. The amendment clarifies that acquitted conduct can only be considered if it serves to mitigate a sentence, thereby limiting its impact on the sentencing process.
The bill defines "acquitted conduct" as any act for which an individual has been found not guilty in a court of law, including federal, state, or tribal courts. This includes cases where charges are dismissed or where a juvenile is deemed not responsible after an adjudication hearing. The change aims to ensure that individuals cannot be penalized in sentencing for actions they were acquitted of in court, promoting fairness and justice in the legal system. The provisions of this amendment would apply only to judgments made after the enactment of the legislation.
Possible Impacts
The proposed legislation to prohibit the consideration of acquitted conduct at sentencing could have several significant effects on individuals and the criminal justice system. Here are three examples:
1. **Fairness in Sentencing**: This legislation would ensure that individuals who are acquitted of charges cannot have those charges weighed against them during sentencing for other offenses. This could lead to fairer sentencing practices, as defendants would not face increased penalties based on conduct for which they were found not guilty. For example, if someone is acquitted of robbery but later convicted of a related drug offense, the court would not be allowed to consider the robbery charge during sentencing for the drug offense, potentially resulting in a lighter sentence.
2. **Increased Confidence in the Legal System**: By removing the practice of considering acquitted conduct in sentencing, this bill could enhance public trust in the criminal justice system. Defendants and the community might feel that the legal process is more just and transparent, knowing that being found not guilty will not be overshadowed by the possibility of harsher sentences based on previous acquitted charges. This confidence may encourage more individuals to assert their rights in court, knowing that a verdict of not guilty will protect them from unfair repercussions in future cases.
3. **Impact on Plea Bargaining**: The legislation could change the dynamics of plea negotiations. Prosecutors might be less inclined to use the threat of harsh sentencing based on acquitted conduct as leverage in plea deals, which could lead to more defendants opting to go to trial instead of accepting plea bargains. This could result in a higher number of trials, potentially affecting court resources and the overall efficiency of the judicial process. Defendants may feel more empowered to challenge charges, knowing that the outcome of prior acquittals would not adversely affect their sentences in subsequent cases.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3483 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3483
To amend title 18, United States Code, to prohibit the consideration of
acquitted conduct at sentencing.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Durbin (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the consideration of
acquitted conduct at sentencing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT.
(a) Use of Information for Sentencing.--
(1) Amendment.--Section 3661 of title 18, United States
Code, is amended by inserting ``, except that a court of the
United States shall not consider, except for purposes of
mitigating a sentence, acquitted conduct under this section''
before the period at the end.
(2) Applicability.--The amendment made by paragraph (1)
shall apply only to a judgment entered on or after the date of
enactment of this section.
(b) Definitions.--Section 3673 of title 18, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``As'' and inserting the following:
``(a) As''; and
(2) by adding at the end the following:
``(b) As used in this chapter, the term `acquitted conduct' means--
``(1) an act--
``(A) for which a person was criminally charged and
adjudicated not guilty after trial in a Federal, State,
or Tribal court; or
``(B) in the case of a juvenile, that was charged
and for which the juvenile was found not responsible
after a juvenile adjudication hearing; or
``(2) any act underlying a criminal charge or juvenile
information dismissed--
``(A) in a Federal court upon a motion for
acquittal under rule 29 of the Federal Rules of
Criminal Procedure; or
``(B) in a State or Tribal court upon a motion for
acquittal or an analogous motion under the applicable
State or Tribal rule of criminal procedure.''.
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