117 S601 IS: Prohibiting Punishment of Acquitted Conduct Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 601IN THE SENATE OF THE UNITED STATESMarch 4, 2021Mr. Durbin (for himself, Mr. Grassley, Mr. Leahy, Mr. Lee, Mr. Booker, and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo 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 2021.

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..