II 118th CONGRESS 1st Session S. 2788 IN THE SENATE OF THE UNITED STATES September 13, 2023 Mr. Durbin (for himself, Mr. Grassley , Mr. Booker , Mr. Lee , Mr. Ossoff , Mr. Kennedy , Ms. Klobuchar , Ms. Lummis , Ms. Baldwin , and Mr. Brown ) 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 sentencing.

1. Short title This Act may be cited as the Prohibiting Punishment of Acquitted Conduct Act of 2023 . 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 adjudicated not guilty after trial in a Federal, State, or Tribal court; 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. .