Prohibiting Punishment of Acquitted Conduct Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2566 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 26, 2019 Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. LEAHY, Mr. TILLIS, Mr. BOOK- ER, and Mr. LEE) 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 sen- tencing. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prohibiting Punish- 4 ment of Acquitted Conduct Act of 2019’’. 5 SEC. 2. ACQUITTED CONDUCT AT SENTENCING. 6 (a) USE OF INFORMATION FOR SENTENCING.— 7 (1) AMENDMENT.—Section 3661 of title 18, 8 United States Code, is amended by inserting ‘‘, ex- 9 VerDate Sep 11 2014 22:25 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2566.IS S2566 kjohnson on DSK79L0C42 with BILLS 2 •S 2566 IS cept that a court of the United States shall not con- 1 sider, except for purposes of mitigating a sentence, 2 acquitted conduct under this section’’ before the pe- 3 riod at the end. 4 (2) APPLICABILITY.—The amendment made by 5 paragraph (1) shall apply only to a judgment en- 6 tered on or after the date of enactment of this Act. 7 (b) DEFINITIONS.—Section 3673 of title 18, United 8 States Code, is amended— 9 (1) in the matter preceding paragraph (1), by 10 striking ‘‘As’’ and inserting the following: 11 ‘‘(a) As’’; and 12 (2) by adding at the end the following: 13 ‘‘(b) As used in this chapter, the term ‘acquitted con- 14 duct’ means— 15 ‘‘(1) an act— 16 ‘‘(A) for which a person was criminally 17 charged and adjudicated not guilty after trial in 18 a Federal, State, or Tribal court; or 19 ‘‘(B) in the case of a juvenile, that was 20 charged and for which the juvenile was found 21 not responsible after a juvenile adjudication 22 hearing; or 23 ‘‘(2) any act underlying a criminal charge or ju- 24 venile information dismissed— 25 VerDate Sep 11 2014 22:25 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2566.IS S2566 kjohnson on DSK79L0C42 with BILLS 3 •S 2566 IS ‘‘(A) in a Federal court upon a motion for 1 acquittal under rule 29 of the Federal Rules of 2 Criminal Procedure; or 3 ‘‘(B) in a State or Tribal court upon a mo- 4 tion for acquittal or an analogous motion under 5 the applicable State or Tribal rule of criminal 6 procedure.’’. 7 Æ VerDate Sep 11 2014 22:25 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2566.IS S2566 kjohnson on DSK79L0C42 with BILLS