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Banning the Use of Acquitted Conduct to Increase Sentencing Penalties.

This law introduces a significant change in criminal procedure, protecting citizens from harsher sentences. Under the new rules, judges will be prohibited from considering conduct for which a person was legally acquitted when determining the sentence for a separate conviction. This ensures that if a jury or court finds someone not guilty of a specific act, that act cannot be used later to increase their prison time.
Key points
Judges are barred from using evidence related to conduct for which a person was acquitted to impose a longer sentence.
The change applies to sentences handed down after the law takes effect in Federal, State, and Tribal courts.
The only exception is if the information is used specifically to reduce or mitigate the sentence.
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Additional Information
Print number: 118_S_2788
Sponsor: Sen. Durbin, Richard J. [D-IL]
Process start date: 2023-09-13