S. 3483

119 S3483 IS: To amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
 U.S. Senate
 2025-12-15
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 3483  IN THE SENATE OF THE UNITED STATES   December 15, 2025   Mr. Durbin  (for himself and  Mr. Grassley ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
1.
Prohibiting punishment of acquitted conduct
(a)
Use of information for sentencing
(1)
Amendment
Section 3661 of title 18, United States Code, is amended by inserting  , except that a court of the United States shall not consider, except for purposes of mitigating a sentence, acquitted conduct under this section  before the period at the end.
(2)
Applicability
The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this section.
(b)
Definitions
Section 3673 of title 18, United States Code, is amended—
(1)
in the matter preceding paragraph (1), by striking  As  and inserting the following:
(a)
As
 ; and
(2)
by adding at the end the following:
(b)
As used in this chapter, the term  acquitted conduct  means—
(1)
an act—
(A)
for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal court; or
(B)
in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or
(2)
any act underlying a criminal charge or juvenile information dismissed—
(A)
in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or
(B)
in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State or Tribal rule of criminal procedure.
 .