Prohibiting Punishment of Acquitted Conduct Act of 2021
This bill limits the consideration of acquitted conduct (e.g., conduct underlying criminal charges for which an individual was found not guilty) by a federal court at sentencing.
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Prohibiting Punishment of 
Acquitted Conduct Act of 2021''.</DELETED>

<DELETED>SEC. 2. ACQUITTED CONDUCT AT SENTENCING.</DELETED>

<DELETED>    (a) Use of Information for Sentencing.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Definitions.--Section 3673 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``As'' and inserting the following:</DELETED>
<DELETED>    ``(a) As''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) As used in this chapter, the term `acquitted 
conduct' means--</DELETED>
        <DELETED>    ``(1) an act--</DELETED>
                <DELETED>    ``(A) for which a person was criminally 
                charged and adjudicated not guilty after trial in a 
                Federal, State, or Tribal court; or</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) any act underlying a criminal charge or 
        juvenile information dismissed--</DELETED>
                <DELETED>    ``(A) in a Federal court upon a motion for 
                acquittal under rule 29 of the Federal Rules of 
                Criminal Procedure; or</DELETED>
                <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibiting Punishment of Acquitted 
Conduct Act of 2021''.

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'--
            ``(1) means--
                    ``(A) an act--
                            ``(i) for which a person was criminally 
                        charged and adjudicated not guilty after trial 
                        in a Federal, State, military, or Tribal court; 
                        or
                            ``(ii) in the case of a juvenile, that was 
                        charged and for which the juvenile was found 
                        not responsible after a juvenile adjudication 
                        hearing; or
                    ``(B) any act underlying a criminal charge or 
                juvenile information dismissed--
                            ``(i) in a Federal court upon a motion for 
                        acquittal under rule 29 of the Federal Rules of 
                        Criminal Procedure; or
                            ``(ii) in a State, military, or Tribal 
                        court upon a motion for acquittal or an 
                        analogous motion under the applicable State, 
                        military, or Tribal rule of criminal procedure; 
                        and
            ``(2) does not include an act for which a person was 
        criminally charged and convicted.''.
    (c) Victims' Rights.--Section 3661 of title 18, United States Code, 
as amended by subsection (a) of this section, is amended--
            (1) by striking ``No limitation'' and inserting the 
        following:
    ``(a) In General.--Except as described in subsection (b), no 
limitation''; and
            (2) by adding at the end the following:
    ``(b) Consideration of Acquitted Conduct.--In determining an 
appropriate sentence, a court of the United States shall not consider 
acquitted conduct under this section for the purposes of determining 
the appropriate sentencing range pursuant to the United States 
Sentencing Guidelines, or to sentence a person outside of that 
sentencing range, except for the purposes of mitigation.
    ``(c) Victims' Rights.--Nothing in this section shall limit the 
rights of a victim under section 3771 (commonly known as the `Crime 
Victims' Rights Act').''.
                                                        Calendar No. 97

117th CONGRESS

  1st Session

                                 S. 601

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Prohibiting Punishment of Acquitted Conduct Act of 2021
A bill to amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
Prohibiting Punishment of Acquitted Conduct Act of 2021
Prohibiting Punishment of Acquitted Conduct Act of 2021
Sen. Durbin, Richard J.