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119-s-3003119th Congress

Fair Sentencing Act

Sponsored By: Senator Cotton, Tom [R-AR]

Introduced

Summary

Bans courts from considering a defendant's perceived gender identity as a mitigating factor in federal sentencing. This bill would add a new paragraph to 18 U.S.C. 3553(a) that forbids that consideration and redefines "perceived gender identity" and "violent offense".

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  • Defendants: The bill would bar using a person's "perceived gender identity" — defined as their self-identified gender distinct from biological sex — to seek a reduced sentence under the history or rehabilitation factor.
  • Courts and judges: Judges would be prohibited from treating perceived gender identity as a mitigating factor when deciding federal sentences under 18 U.S.C. 3553(a).
  • Sentencing Commission: The bill directs the U.S. Sentencing Commission to amend the Sentencing Guidelines to reflect the ban and gives it 30 days to make the change.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Ban on gender identity mitigation

If enacted, federal courts could not use a defendant's perceived gender identity to reduce a sentence. "Perceived gender identity" would mean a person's self‑identified gender distinct from biological sex. The bill would bar courts from treating perceived gender identity as a mitigating factor "directly relevant to history or rehabilitation." The U.S. Sentencing Commission would have 30 days after enactment to change the Sentencing Guidelines to match. This could lead to tougher sentences for some defendants.

Sponsors & CoSponsors

Sponsor

Cotton, Tom [R-AR]

AR • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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