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S. 601Senate117th Congress (2021-2023)In Committee

Prohibiting Punishment of Acquitted Conduct Act of 2021

Sponsored by Richard J. DurbinSen. Richard J. Durbin (D-IL)
Introduced March 4, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:50 PM UTC

The Prohibiting Punishment of Acquitted Conduct Act of 2021 changes federal sentencing rules so that a court cannot use conduct for which a defendant was found not guilty when deciding a sentence, except to lessen the penalty. It adds a definition of “acquitted conduct” covering not‑guilty verdicts, juvenile findings of not responsible, and dismissed charges. The changes apply to any federal sentencing judgment entered after the law takes effect and do not affect victims’ rights.

Key Provisions

  • Amends 18 U.S.C. §3661 to state that courts may not consider acquitted conduct when determining the sentencing range, only allowing it for mitigation.
  • Adds a definition of “acquitted conduct” to 18 U.S.C. §3673, covering not‑guilty verdicts in federal, state, military, or tribal courts, juvenile not‑responsible findings, and dismissed charges.
  • Specifies that the amendment applies only to sentences entered on or after the law’s enactment.
  • Clarifies that victims’ rights under the Crime Victims’ Rights Act are unchanged.

Legislative Activity

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4 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 97.

July 12, 2021

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SenateIntro Referral

Introduced in Senate

March 4, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S1121-1122)

Judiciary Committee

March 4, 2021

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Judiciary Committee

June 10, 2021

SenateCommittee

Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

Judiciary Committee

July 12, 2021

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 97.

July 12, 2021

Floor Debate

1 member

What members said about S. 601 on the floor

1 Democrat
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 4, 2021

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Record

Bill Text

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Reported to SenateIssued July 12, 2021

II

Calendar No. 97

117th CONGRESS

1st Session

S. 601

IN THE SENATE OF THE UNITED STATES

March 4, 2021

Mr. Durbin (for himself, Mr. Grassley, Mr. Leahy, Mr. Lee, Mr. Booker, Mr. Tillis, Ms. Klobuchar, and Mr. Ossoff) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

July 12, 2021

Reported by Mr. Durbin, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.

1.

Short title

This Act may be cited as the Prohibiting Punishment of Acquitted Conduct Act of 2021.

2.

Acquitted conduct at sentencing

(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 Act.

(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.

.

1.

Short title

This Act may be cited as the Prohibiting Punishment of Acquitted Conduct Act of 2021.

2.

Acquitted conduct at sentencing

(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 Act.

(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—

(1)

means—

(A)

an act—

(i)

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

(ii)

in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or

(B)

any act underlying a criminal charge or juvenile information dismissed—

(i)

in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or

(ii)

in a State, military, or Tribal court upon a motion for acquittal or an analogous motion under the applicable State, military, or Tribal rule of criminal procedure; and

(2)

does not include an act for which a person was criminally charged and convicted.

.

(c)

Victims' rights

Section 3661 of title 18, United States Code, as amended by subsection (a) of this section, is amended—

(1)

by striking No limitation and inserting the following:

(a)

In general

Except as described in subsection (b), no limitation

; and

(2)

by adding at the end the following:

(b)

Consideration of acquitted conduct

In determining an appropriate sentence, a court of the United States shall not consider acquitted conduct under this section for the purposes of determining the appropriate sentencing range pursuant to the United States Sentencing Guidelines, or to sentence a person outside of that sentencing range, except for the purposes of mitigation.

(c)

Victims' rights

Nothing in this section shall limit the rights of a victim under section 3771 (commonly known as the Crime Victims’ Rights Act).

.

July 12, 2021

Reported with an amendment