[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 4 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                  S. 4

 To prohibit courts from considering acquitted conduct at sentencing, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2018

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit courts from considering acquitted conduct at sentencing, 
                        and for other purposes.

    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 ``Acquitted Conduct Reform Act of 
2018''.

SEC. 2. USE OF INFORMATION FOR SENTENCING.

    (a) Amendment.--Section 3661 of title 18, United States Code, is 
amended by inserting ``, except that a court of the United States shall 
not consider acquitted conduct under this section'' before the period 
at the end.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply only to a judgment entered on or after the date of enactment of 
this Act.

SEC. 3. 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) acts for which a person was criminally charged and 
        adjudicated not guilty after trial in a Federal or State court; 
        and
            ``(2) acts underlying criminal charges 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 court upon a motion for acquittal 
                or an analogous motion under the applicable State rule 
                of criminal procedure.''.
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