Sponsors (2)
The bill protects defendants from having acquitted or juvenile not-responsible findings used to increase federal sentences and clarifies that rule prospectively, at the cost of removing a sentencing tool that can inform risk assessments and creating unequal treatment for those sentenced before enactment.
Defendants (including those with juvenile not-responsible findings) will not have acquitted or not-responsible conduct used to increase their federal sentence, reducing risk of post-trial punishment for cleared conduct.
People sentenced after enactment gain immediate, prospective protection from considering acquitted conduct at sentencing, creating a clear, enforceable limitation on current sentencing practice.
Courts and governments receive a statutory definition of 'acquitted conduct', clarifying scope and reducing inconsistent application across Federal, State, and Tribal cases.
Prosecutors and judges lose a sentencing-relevant tool to consider alleged but unproven behavior, which may lead to lighter sentences for some offenders and could affect community safety assessments.
Limiting consideration of dismissed or closely contested charges may reduce courts' ability to account for borderline but concerning conduct, potentially weakening deterrence and making victims feel less protected.
Applying the rule only prospectively leaves people sentenced before enactment subject to the old practice, creating unequal treatment between similarly situated defendants sentenced at different times.
Based on analysis of 2 sections of legislative text.
Prohibits federal courts from using acquitted conduct to increase sentences, defines "acquitted conduct," and makes the rule apply only to judgments entered after enactment.
Introduced December 15, 2025 by Richard Joseph Durbin · Last progress December 15, 2025
Prohibits federal courts from using conduct for which a defendant was acquitted to increase a sentence; such acquitted conduct may only be considered to reduce (mitigate) a sentence. The bill also adds a statutory definition of “acquitted conduct” that covers acts where a person was found not guilty at trial (including juvenile findings of not responsible) and certain charges dismissed after trial motions or equivalent state/tribal actions. The change applies only to judgments entered on or after enactment.