[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.
_______________________________________________________________________
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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