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119-s-3483119th Congress

A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.

Sponsored By: Senator Durbin, Richard J. [D-IL]

Introduced

Summary

This bill would bar courts from using acquitted conduct to increase federal sentences. It would define "acquitted conduct" across Federal, State, Tribal, and juvenile cases and allow that conduct to be used only to mitigate a sentence.

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  • Defendants: People acquitted at trial or whose charges were dismissed would generally be protected from sentence enhancements based on that conduct.
  • Juveniles: Acts where a juvenile was found not responsible at an adjudication hearing are treated as "acquitted conduct" for sentencing.
  • Courts: Judges could still consider acquitted conduct to lower a sentence but could not use it to raise a sentence.
  • Scope: The rule would apply only to judgments entered after enactment and covers dismissals including Federal Rule of Criminal Procedure 29 motions and similar State or Tribal motions.

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Bill Overview

Analyzed Economic Effects

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

Limit use of acquitted conduct at sentencing

This bill would bar federal courts from using "acquitted conduct" when imposing a sentence. Courts could still consider such conduct only to lessen (mitigate) a sentence. It would define "acquitted conduct" to include acts found not guilty at trial in Federal, State, or Tribal court. For juveniles, it would include acts where the youth was found not responsible after a juvenile hearing. It would also include acts dismissed after a Federal Rule 29 acquittal or an analogous State or Tribal motion. The ban would apply only to federal judgments entered on or after the date of enactment.

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

  • Sen. Grassley, Chuck [R-IA]

    IA • R

    Sponsored 12/15/2025

Roll Call Votes

No roll call votes available for this bill.

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