A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
- Bill Number
- S. 3483
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-12-15: Read twice and referred to the Committee on the Judiciary. (text: CR S8737)
- Last Updated
- 2026-01-12T16:02:35Z
AI-Generated Summary
Purpose
This bill aims to prevent federal courts from using "acquitted conduct"—acts for which a person was found not guilty or had charges dismissed—in determining criminal sentences, except when such conduct could help reduce (mitigate) the sentence. The goal is to ensure sentencing focuses only on proven offenses, promoting fairness in the justice system.
Key Provisions
- Amendment to Sentencing Information Use (18 U.S.C. § 3661): Adds language prohibiting courts from considering acquitted conduct during sentencing, with an exception allowing it only to lower a sentence. This applies solely to judgments entered on or after the bill's enactment date.
- Definition of Acquitted Conduct (New Addition to 18 U.S.C. § 3673): Defines the term to include:
- Acts where a person was charged and found not guilty after a trial in federal, state, or tribal courts.
- In juvenile cases, acts charged but where the juvenile was found not responsible after a hearing.
- Acts underlying charges dismissed via a motion for acquittal (e.g., under Federal Rule of Criminal Procedure 29 in federal court, or similar motions in state or tribal courts).
Significant Changes to Existing Law
- Under current law (18 U.S.C. § 3661), courts have broad discretion to consider any relevant information about a defendant's background or conduct during sentencing, even if it involves acquitted charges. This bill limits that discretion by explicitly barring the use of acquitted conduct for increasing sentences, while preserving its potential use to decrease them.
- It introduces a formal definition of "acquitted conduct" in Chapter 232 of Title 18, which previously lacked such specificity, and extends protections to state, tribal, and juvenile proceedings when relevant to federal sentencing.
Potential Impacts
- On Citizens: Criminal defendants, especially those facing federal sentences, may receive shorter or more proportionate punishments by avoiding "punishment" for unproven allegations, potentially reducing prison time and enhancing perceptions of justice fairness.
- On Government Agencies: Federal courts and the U.S. Sentencing Commission will need to revise guidelines and practices to exclude acquitted conduct from upward sentencing adjustments. Prosecutors may face challenges in presenting full case histories, while defense attorneys gain a tool to challenge improper considerations.
- On International Relations: No direct impacts, as the bill focuses on domestic U.S. criminal procedure.
Main Stakeholders Affected
- Criminal Defendants: Primary beneficiaries, as they are protected from sentencing based on cleared charges.
- Judges and Courts: Must adapt sentencing processes to comply with the new restrictions.
- Prosecutors and Law Enforcement: May see limitations on using certain evidence in sentencing arguments.
- Defense Attorneys and Advocacy Groups: Likely to support and utilize the changes to advocate for clients.
- Juveniles and Tribal Communities: Indirectly affected through inclusion of juvenile and tribal acquittals in the definition.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens protections against using dismissed or acquitted evidence in sentencing, potentially reducing appeals based on improper considerations and aligning federal practice more closely with double jeopardy principles (which bar retrying acquitted offenses).
- Constitutional Implications: Could bolster due process and fair trial rights under the Fifth and Sixth Amendments by ensuring sentences reflect only adjudicated guilt, though it may raise questions about judicial discretion in holistic sentencing.
- Political Implications: As a bipartisan effort (introduced by Senators Durbin (D) and Grassley (R)), it reflects ongoing sentencing reform debates, emphasizing equity without broader overhauls to criminal justice policy. If enacted, it could set a precedent for limiting post-trial evidence use in other contexts.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Durbin, Richard J. [D-IL]
Cosponsors (1)
Recent Actions
- 2025-12-15: Read twice and referred to the Committee on the Judiciary. (text: CR S8737)
- 2025-12-15: Introduced in Senate
Bill Versions
- To amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing. — issued 2025-12-15 — PDF (3 pages)