The bill protects acquitted defendants and reduces legal uncertainty by limiting and clarifying use of "acquitted conduct" in sentencing, but it narrows sentencing discretion in ways that could concern victims and public safety and does not provide relief for past or pending cases.
Defendants who are charged but later acquitted (including juveniles and cases dismissed under Rule 29) will be less likely to have those acquitted or dismissed allegations used to increase their federal sentences, and attorneys will face clearer, standardized rules about what counts as "acquitted conduct," reducing legal uncertainty.
Communities, victims, and prosecutors will have reduced sentencing flexibility because courts will be limited in considering dismissed or acquitted allegations when imposing federal sentences, which could result in lighter sentences for some offenders and constrain assessment of danger or recidivism risk.
Recently sentenced defendants and cases pending at the time the bill becomes law will not benefit because the change is prospective-only, leaving some people who were acquitted in earlier proceedings still exposed to sentence increases based on acquitted conduct.
Based on analysis of 2 sections of legislative text.
Introduced December 15, 2025 by Richard Joseph Durbin · Last progress December 15, 2025
Bars federal judges from using "acquitted conduct" to increase a sentence, except when that conduct is used to reduce (mitigate) a sentence. The bill also defines "acquitted conduct" to cover acts for which a person was found not guilty at trial in Federal, State, or Tribal court, certain juvenile findings of not responsible, and acts underlying charges dismissed after acquittal motions. The restriction applies only to sentences imposed in judgments entered on or after the law takes effect. The change mainly affects criminal defendants, federal sentencing practice, prosecutors' charging and plea strategies, and judges who currently consider acquitted or dismissed conduct when deciding sentences.