[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Page S4489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2195. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT.

       (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 section.
       (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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