[Congressional Record Volume 169, Number 148 (Wednesday, September 13, 2023)]
[Senate]
[Page S4443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, 
        Mr. Ossoff, Mr. Kennedy, Ms. Klobuchar, Ms. Lummis, Ms. 
        Baldwin, and Mr. Brown):
  S. 2788. A bill to amend section 3661 of title 18, United States 
Code, to prohibit the consideration of acquitted conduct at sentencing; 
to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2788

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


 =========================== NOTE =========================== 

  
  On page S4443, September 13, 2023, first column, the following 
appears: S. 2788. A bill to amend section 3661 of title 18, United 
States Code, to prohibit the consideration of acquitted conduct at 
sentencing; to the Committee on the Judiciary. S. 2788 Be it 
enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled,
  
  The online Record has been corrected to read: S. 2788. A bill to 
amend section 3661 of title 18, United States Code, to prohibit 
the consideration of acquitted conduct at sentencing; to the 
Committee on the Judiciary. Mr. DURBIN. Madam President, I ask 
unanimous consent that the text of the bill be printed in the 
Record. There being no objection, the text of the bill was ordered 
to be printed in the Record, as follows: S. 2788 Be it enacted by 
the Senate and House of Representatives of the United States of 
America in Congress assembled,


 ========================= END NOTE ========================= 


     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.''.
                                 ______