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,

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' means--
            ``(1) an act--
                    ``(A) for which a person was criminally charged and 
                with regard to which--
                            ``(i) that person was adjudicated not 
                        guilty after trial in a Federal, State, or 
                        Tribal court; or
                            ``(ii) any favorable disposition to the 
                        person in any prior charge was made, regardless 
                        of whether the disposition was pretrial, at 
                        trial, or post trial; 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.''.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives March 28, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                       Calendar No. 315

117th CONGRESS

  2d Session

                               H. R. 1621

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Prohibiting Punishment of Acquitted Conduct Act of 2021
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
Prohibiting Punishment of Acquitted Conduct Act of 2021
Rep. Cohen, Steve