S. 4Senate115th Congress (2017-2019)In Committee

Acquitted Conduct Reform Act of 2018

Introduced December 4, 2018

AI-Generated Summary

Updated April 16, 2026 at 12:23 AM UTC

The Acquitted Conduct Reform Act of 2018 changes federal sentencing law so that courts cannot factor in any conduct for which a defendant was acquitted when deciding a sentence. It defines “acquitted conduct” to include acts resulting in a not‑guilty verdict or dismissed charges in either federal or state courts. The rule applies only to sentencing judgments entered after the law takes effect, affecting federal judges and defendants facing sentencing.

Key Provisions

  • Amends 18 U.S.C. §3661 to prohibit courts from considering acquitted conduct when determining a sentence.
  • Defines “acquitted conduct” as acts for which a person was found not guilty after trial or had charges dismissed through an acquittal motion in federal or state court.
  • Specifies that the amendment applies only to sentencing judgments entered on or after the enactment date.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

December 4, 2018

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SenateIntro Referral

Introduced in Senate

December 4, 2018

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

December 4, 2018

Floor Debate

11 members

What members said about S. 4 on the floor

3 Republicans8 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 28, 2017

Mr. Speaker, I thank the gentleman from Georgia (Mr. Collins) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to…

Doug Collins
Rep. Doug CollinsR-GA-9 · Jun 28, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 414 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jan 4, 2017

Mr. President, it is with a renewed sense of purpose that I reintroduce my resolution on the Emoluments Clause. It is a resolution intended to uphold the values and strictures of one of our most…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jun 28, 2017

Mr. Speaker, this is an interesting issue with the canvas in the back of the entire immigration laws that need to be addressed. This body--not the body at the other end of the building, this body--…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-48 · Jun 28, 2017

Mr. Speaker, I rise in support of H.R. 3003. This is a very positive first step toward coming to grips with an issue that has divided this country because it is causing great damage to so many…

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Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Jun 28, 2017

Mr. Speaker, this bill wrongfully endorses political interference with professional law enforcement leaders. With no legal authority, both President Trump and his Texan look-alike, Governor Greg…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Jun 28, 2017

Mr. Speaker, there is no debating that our immigration system is in need of reform. The system doesn't meet the needs of our Nation, its businesses, or its families. There are sensible steps we can…

Keith Ellison
Rep. Keith EllisonD-MN-5 · Jun 28, 2017

Mr. Speaker, America needs a raise. We have not raised the minimum wage in 10 years, and people who work hard every single day have seen their pay erode again and again. Mr. Speaker, people who are…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Jun 28, 2017

Mr. Speaker, first of all, let me thank the gentleman from Georgia, a member of the Rules Committee, for yielding me time. Mr. Speaker, I strongly support the underlying bill, H.R. 3003, No Sanctuary…

Grace F. Napolitano
Rep. Grace F. NapolitanoD-CA-32 · Jun 28, 2017

Mr. Speaker, I was absent during rollcall votes No. 331 and 332 due to my spouse's health situation in California. Had I been present, I would have voted ``nay'' on the Motion on Ordering the…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-38 · Jun 28, 2017

Mr. Speaker, on rollcall No. 332, providing for consideration of H.R. 3003, the No Sanctuary for Criminals Act I was unavoidably detained and missed the vote. Had I been present, I would have voted…

Bill Text

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Introduced in SenateIssued December 4, 2018

II

115th CONGRESS

2d Session

S. 4

IN THE SENATE OF THE UNITED STATES

December 4, 2018

Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To prohibit courts from considering acquitted conduct at sentencing, and for other purposes.

1.

Short title

This Act may be cited as the Acquitted Conduct Reform Act of 2018.

2.

Use of information for sentencing

(a)

Amendment

Section 3661 of title 18, United States Code, is amended by inserting , except that a court of the United States shall not consider acquitted conduct under this section before the period at the end.

(b)

Applicability

The amendment made by subsection (a) shall apply only to a judgment entered on or after the date of enactment of this Act.

3.

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)

acts for which a person was criminally charged and adjudicated not guilty after trial in a Federal or State court; and

(2)

acts underlying criminal charges 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 court upon a motion for acquittal or an analogous motion under the applicable State rule of criminal procedure.

.