S. 2788Senate118th Congress (2023-2025)In Committee

Prohibiting Punishment of Acquitted Conduct Act of 2023

Introduced September 13, 2023

AI-Generated Summary

Updated January 20, 2026 at 11:18 AM UTC

The Prohibiting Punishment of Acquitted Conduct Act of 2023 changes federal sentencing law so that courts cannot consider conduct for which a defendant was acquitted when determining a sentence, except when it might be used to lessen the penalty. It defines “acquitted conduct” to include not‑guilty verdicts in federal, state, tribal, or juvenile courts and charges that were dismissed. The rule applies to any sentencing judgment entered after the law takes effect, affecting federal judges and defendants facing sentencing.

Key Provisions

  • Amends 18 U.S.C. § 3661 to add that a federal court may not consider acquitted conduct at sentencing, except for mitigation purposes.
  • Adds a definition of “acquitted conduct” covering not‑guilty verdicts, juvenile findings of not‑responsibility, and dismissed charges in federal, state, tribal, or juvenile courts.
  • Specifies the amendment applies only to judgments entered on or after the law’s enactment date.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S4443)

September 13, 2023

View full timeline
SenateIntro Referral

Introduced in Senate

September 13, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S4443)

September 13, 2023

Floor Debate

3 members

What members said about S. 2788 on the floor

3 Democrats
Alex Padilla
Sen. Alex PadillaD-CA · Sep 13, 2023

Madam President, I rise to introduce the Office of Disaster Recovery and Resilience Act. This legislation would better equip and formalize the Economic Development Administration's role in…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Sep 13, 2023

Madam President, I rise today to address a continuing concern: the online sale of firearms using deceptive and misleading means. It simply continues to be too easy for individuals to evade existing…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 13, 2023

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

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 13, 2023

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

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued September 13, 2023

II

118th CONGRESS

1st Session

S. 2788

IN THE SENATE OF THE UNITED STATES

September 13, 2023

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

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 2023.

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.

.