S. 3483Senate119th Congress (2025-2027)In Committee

A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.

Introduced December 15, 2025

AI-Generated Summary

Updated January 9, 2026 at 3:21 AM UTC

The bill would change federal sentencing rules so that a court may not use conduct for which a defendant was acquitted when determining a sentence, except to lessen the penalty. It adds a definition of “acquitted conduct” covering not‑guilty verdicts, juvenile findings of not‑responsible, and charges dismissed by a motion to acquit. The change applies to any federal sentencing judgment entered after the law takes effect.

Key Provisions

  • Amends 18 U.S.C. § 3661 to state that a federal court may not consider acquitted conduct in sentencing, except for mitigating purposes.
  • Adds a definition of “acquitted conduct” to 18 U.S.C. § 3673, including conduct resulting in a not‑guilty verdict in federal, state, tribal, or juvenile courts, and conduct underlying charges dismissed by a motion to acquit.
  • Specifies that the amendment applies only to judgments entered on or after the date the provision becomes law.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text: CR S8737)

December 15, 2025

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SenateIntro Referral

Introduced in Senate

December 15, 2025

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text: CR S8737)

December 15, 2025

Floor Debate

1 member

What members said about S. 3483 on the floor

1 Democrat
Alex Padilla
Sen. Alex PadillaD-CA · Dec 15, 2025

Mr. President, I rise to reintroduce the Accountability for Federal Law Enforcement Act, legislation that would ensure that individuals whose constitutional or civil rights are violated by Federal…

Bill Text

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Introduced in SenateIssued December 15, 2025

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.

.