Prohibiting Punishment of Acquitted Conduct Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5430 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5430

To amend section 3661 of title 18, United States Code, to prohibit the 
           consideration of acquitted conduct at sentencing.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2023

  Mr. Armstrong (for himself and Mr. Cohen) introduced the following 
       bill; which was 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.

    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 2023''.

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.''.
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