,,ii  #aaith ,,congress  #ast ,session  
,s4 #cdhc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ae1 
#bjbe,mr4 ,durbin 7for himself and ,mr4 
,grassley7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #ah1 ,united    
,states ,code1 to prohibit the          
consideration of acquitted conduct at   
sentencing4  #a4 ,prohibiting punishment
 of acquitted conduct  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 section4  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