[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2788 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2788

To amend section 3661 of title 18, United States Code, to prohibit the 
           consideration of acquitted conduct at sentencing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2023

Mr. Durbin (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, Mr. Ossoff, 
  Mr. Kennedy, Ms. Klobuchar, Ms. Lummis, Ms. Baldwin, and Mr. Brown) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 3661 of title 18, United States Code, to prohibit the 
           consideration of acquitted conduct at 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 ``Prohibiting Punishment of Acquitted 
Conduct Act of 2023''.

SEC. 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.''.
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