,,ii ,calendar ,no4 #ig #aagth          
,,congress  #ast ,session  ,s4 #fja     
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,march #d1 #bjba,mr4 ,durbin  
7for himself1 ,mr4 ,grassley1 ,mr4      
,leahy1 ,mr4 ,lee1 ,mr4 ,booker1 ,mr4   
,tillis1 ,ms4 ,klobuchar1 and ,mr4      
,ossoff7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,july    
#ab1 #bjba,reported by ,mr4 ,durbin1    
with an amendment,strike out all after  
the enacting clause and insert the part 
printed in italic  ,a ,,bill  ,to amend 
section #cffa of title #ah1 ,united     
,states ,code1 to prohibit the          
consideration of acquitted conduct at   
sentencing4  #a4 ,short title ,this ,act
 may be cited as the ,prohibiting       
,punishment of ,acquitted ,conduct ,act 
of #bjba4  #b4 ,acquitted conduct at    
sentencing  7a7 ,use of information for 
sentencing  7#a7 ,amendment ,section    
#cffa of title #ah1 ,united ,states     
,code1 is amended by inserting 1 except 

that a court of the ,united ,states     
shall not consider1 except for purposes 
of mitigating a sentence1 acquitted     
conduct under this section before the   
period at the end4  7#b7 ,applicability 
,the amendment made by paragraph 7#a7   
shall apply only to a judgment entered  
on or after the date of enactment of    
this ,act4  7b7 ,definitions ,section   
#cfgc of title #ah1 ,united ,states     
,code1 is amended-- 7#a7 in the matter  
preceding paragraph 7#a71 by striking   
,as and inserting the following3  7a7   
,as  2 and  7#b7 by adding at the end   
the following3  7b7 ,as used in this    
chapter1 the term acquitted conduct     
means-- 7#a7 an act-- 7,a7 for which a  
person was criminally charged and       
adjudicated not guilty after trial in a 
,federal1 ,state1 or ,tribal court2 or  
7,b7 in the case of a juvenile1 that was
 charged and for which the juvenile was 
found not responsible after a juvenile  
adjudication hearing2 or  7#b7 any act  
underlying a criminal charge or juvenile

 information dismissed-- 7,a7 in a      
,federal court upon a motion for        
acquittal under rule #bi of the ,federal
 ,rules of ,criminal ,procedure2 or     
7,b7 in a ,state or ,tribal court upon a
 motion for acquittal or an analogous   
motion under the applicable ,state or   
,tribal rule of criminal procedure4  4  
#a4 ,short title ,this ,act may be cited
 as the ,prohibiting ,punishment of     
,acquitted ,conduct ,act of #bjba4  #b4 
,acquitted conduct at sentencing  7a7   
,use of information for sentencing  7#a7
 ,amendment ,section #cffa of title #ah1
 ,united ,states ,code1 is amended by   
inserting 1 except that a court of the  
,united ,states shall not consider1     
except for purposes of mitigating a     
sentence1 acquitted conduct under this  
section before the period at the end4   
7#b7 ,applicability ,the amendment made 
by paragraph 7#a7 shall apply only to a 
judgment entered on or after the date of
 enactment of this ,act4  7b7           
,definitions ,section #cfgc of title    

#ah1 ,united ,states ,code1 is amended--
 7#a7 in the matter preceding paragraph 
7#a71 by striking ,as and inserting the 
following3  7a7 ,as  2 and  7#b7 by     
adding at the end the following3  7b7   
,as used in this chapter1 the term      
acquitted conduct-- 7#a7 means-- 7,a7 an
 act-- 7i7 for which a person was       
criminally charged and adjudicated not  
guilty after trial in a ,federal1       
,state1 military1 or ,tribal court2 or  
7ii7 in the case of a juvenile1 that was
 charged and for which the juvenile was 
found not responsible after a juvenile  
adjudication hearing2 or  7,b7 any act  
underlying a criminal charge or juvenile
 information dismissed-- 7i7 in a       
,federal court upon a motion for        
acquittal under rule #bi of the ,federal
 ,rules of ,criminal ,procedure2 or     
7ii7 in a ,state1 military1 or ,tribal  
court upon a motion for acquittal or an 
analogous motion under the applicable   
,state1 military1 or ,tribal rule of    
criminal procedure2 and  7#b7 does not  

include an act for which a person was   
criminally charged and convicted4  4    
7c7 ,victims' rights ,section #cffa of  
title #ah1 ,united ,states ,code1 as    
amended by subsection 7a7 of this       
section1 is amended-- 7#a7 by striking  
,no limitation and inserting the        
following3  7a7 ,in general ,except as  
described in subsection 7b71 no         
limitation  2 and  7#b7 by adding at the
 end the following3  7b7 ,consideration 
of acquitted conduct ,in determining an 
appropriate sentence1 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        
,guidelines1 or to sentence a person    
outside of that sentencing range1 except
 for the purposes of mitigation4  7c7   
,victims' rights ,nothing in this       
section shall limit the rights of a     
victim under section #cgga 7commonly    
known as the ,crime ,victims' ,rights   

,act74  4  ,july #ab1 #bjba,reported    
with an amendment