Sponsors (2)
The bill strengthens liberty and fairness for acquitted defendants and clarifies sentencing law, but does so by removing certain conduct from consideration—potentially leading to lighter sentences for some offenders and creating a temporal disparity between past and future defendants.
Defendants acquitted at trial (including immigrants and racial/ethnic minorities): their acquittals and unproven allegations cannot be used to justify harsher federal sentences, protecting liberty and the finality of verdicts.
People whose charges were dismissed or who were acquitted (disproportionately affecting racial/ethnic minorities and immigrants): reduced risk that prosecutors' unproven allegations will increase punishment, improving fairness in sentencing.
Federal courts and officials: clearer definition of 'acquitted conduct' and a defined temporal scope should improve consistency and predictability in federal sentencing across courts.
Crime victims and prosecutors: excluding acquitted conduct may remove information courts previously used to account for harm, which could result in lighter sentences for some offenders.
Judges and law enforcement: limiting consideration of acquitted conduct may constrain judges' ability to tailor sentences in complex cases, reducing sentencing discretion.
Defendants sentenced before enactment: the law's narrow temporal application creates a disparity between those sentenced before and after enactment, which may be viewed as unequal treatment.
Based on analysis of 2 sections of legislative text.
Bars federal courts from using conduct for which a defendant was acquitted (or similarly dismissed) to increase sentences, except for mitigation; defines "acquitted conduct."
Official title: Amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
Introduced December 15, 2025 by Richard Joseph Durbin · Last progress December 15, 2025
Prohibits federal judges from considering conduct for which a defendant was acquitted (or found not responsible in juvenile proceedings) when determining a sentence, except when used to reduce a sentence. It defines “acquitted conduct” to cover acts dismissed on certain motions or where a defendant was found not guilty in federal, state, tribal, or juvenile proceedings, and the rule applies only to judgments entered on or after the law takes effect. The change narrows the sources of information courts may use to increase sentences, while allowing courts to rely on acquitted conduct only for mitigating (downward) adjustments. It does not alter past sentences or other sentencing rules beyond this evidentiary limitation and definition.