[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3003 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3003
To prohibit the consideration of perceived gender identity in
sentencing.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 14, 2025
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the consideration of perceived gender identity in
sentencing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Sentencing Act''.
SEC. 2. PROHIBITING CONSIDERATION OF GENDER IDENTITY IN SENTENCING.
(a) United States Code.--
(1) In general.--Section 3553 of title 18, United States
Code, is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) through
(7) as subparagraphs (A) through (G) and
adjusting the margins accordingly;
(ii) in the matter preceding paragraph (1),
by striking ``The court shall'' and inserting
the following:
``(1) In general.--The court shall''; and
(iii) by adding at the end the following:
``(2) Prohibited considerations.--The court shall not
consider the perceived gender identity of the defendant as a
mitigating factor, directly relevant to history or
rehabilitation.''; and
(B) in subsection (g)--
(i) by striking ``Definition of Violent
Offense.--As used in this section, the'' and
inserting the following: ``Definitions--In this
section:
``(1) Perceived gender identity.--The term `perceived
gender identity' means the self-identified gender identity of
an individual distinct from biological sex.
``(2) Violent offense.--The''.
(2) Conforming amendments.--
(A) Cyber security enhancement act of 2002.--
Section 2207(b)(2)(F) of the Cyber Security Enhancement
Act of 2002 (6 U.S.C. 657(b)(2)(F)) is amended by
striking ``section 3553(a)(2)'' and inserting ``section
3553(a)(1)(B)''.
(B) Title 18.--Title 18 of the United States Code
is amended--
(i) in chapter 227--
(I) in section 3551, by striking
``section 3553(a)(2)'' and inserting
``section 3553(a)(1)(B)'';
(II) in section 3563--
(aa) by striking ``section
3553(a)(1) and (a)(2)'' and
inserting ``section
3553(a)(1)(A) and (B)''; and
(bb) by striking ``section
3553(a)(2)'' and inserting
``section 3553(a)(1)(B)''; and
(III) in section 3583, by striking
``section 3553(a)(1), (a)(2)(B),
(a)(2)(C), (a)(2)(D), (a)(4), (a)(5),
(a)(6), and (a)(7)'' and inserting
``subparagraphs (A), (B)(ii), (B)(iii),
(B)(iv), (D), (E), (F), and (G) of
section 3553(a)(1)''; and
(ii) in section 3742--
(I) in subsection (e)(3)(B)(i), by
striking ``section 3353(a)(2)'' and
inserting ``section 3353(a)(1)(B)'';
(II) in subsection (g)(1), by
striking ``subsection 3553(a)(4)'' and
inserting ``section 3553(a)(1)(D)'';
and
(III) in subsection (j)(A), by
striking ``section 3353(a)(2)'' and
inserting ``section 3353(a)(1)(B)''.
(C) Title 28.--Chapter 58 of title 28, United
States Code, is amended--
(i) in section 991, by striking ``section
3353(a)(2)'' each place the term appears and
inserting ``section 3353(a)(1)(B)''; and
(ii) in section 994, by striking ``section
3353(a)(2)'' each place the term appears and
inserting ``section 3353(a)(1)(B)''.
(b) Sentencing Guidelines.--Not later than 30 days after the date
of enactment of this Act, the United States Sentencing Commission shall
amend the United States Sentencing Commission Guidelines Manual to
prohibit the considerations described in section 3553(a)(2), as added
by subsection (a), pursuant to its authority under section 994(p) of
title 28, United States Code.
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