S.Amdt. 4135

SA 4135. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the
bill S. 756, to reauthorize and amend the Marine Debris Act to promote
international action to reduce marine debris, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ACQUITTED CONDUCT REFORM.

(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 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) acts for which a person was criminally charged and
adjudicated not guilty after trial in a Federal or State
court; and
``(2) acts underlying criminal charges 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 court upon a motion for acquittal or an
analogous motion under the applicable State rule of criminal
procedure.''.
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