S.Amdt. 2195

SA 2195. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITING PUNISHMENT OF ACQUITTED CONDUCT.

(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 section.
(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.''.
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