The bill strengthens protections for defendants by barring use of acquitted or dismissed charges to increase federal sentences and clarifies sentencing law, at the cost of reducing the information judges and prosecutors can consider — which may lead to lighter sentences in some cases and create temporal disparities between pre- and post-enactment defendants.
Defendants (including immigrants and racial/ethnic minorities) will be protected from having acquittals or dismissed charges used to justify harsher federal sentences, strengthening finality of verdicts and individual liberty.
People whose cases were dismissed or who were acquitted face a lower risk of punishment based on unproven allegations, which should improve fairness and reduce disparate impacts on racial/ethnic minorities and immigrants.
Federal sentencing law is clarified by defining 'acquitted conduct' and setting a clear temporal scope, which may improve consistency and predictability across federal courts and for federal employees who implement sentencing.
Victims and prosecutors may lose relevant information that courts previously used to fully account for harm, potentially resulting in lighter sentences for some offenders and reduced sense of justice for victims.
Limiting consideration of acquitted conduct could constrain judges' ability to tailor sentences based on the full scope of alleged conduct in complex cases, reducing sentencing flexibility for federal judges and complicating prosecutions.
The law's narrow temporal application (applying only to judgments after enactment) creates a disparity between defendants sentenced before and after the law, which may be perceived as unequal treatment.
Based on analysis of 2 sections of legislative text.
Bars federal courts from using acquitted conduct to raise sentences (except for mitigation) and defines "acquitted conduct"; applies only to future judgments.
Introduced December 15, 2025 by Richard Joseph Durbin · Last progress December 15, 2025
Prohibits federal courts from using acquitted conduct to increase a defendant's sentence, except when that conduct is offered to mitigate a sentence. The bill also defines “acquitted conduct” to cover acts that were charged but resulted in acquittal, juvenile findings of not responsible, or dismissals/Rule 29 acquittals and makes the rule apply only to judgments entered on or after the law takes effect.