Prohibiting Punishment of Acquitted Conduct Act of 2021

Bill: 117-hr-1621
Sponsor: full_name: Rep. Cohen, Steve [D-TN-9]
Introduced: 2021-03-08
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

State and local courts
Latest action: action_date: 2022-03-29
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 315.

Summaries:
action_date: 2021-03-08
action_desc: Introduced in House
text: <p><b>Prohibiting Punishment of Acquitted Conduct Act of 2021</b></p> <p>This bill limits the consideration of acquitted conduct (e.g., conduct underlying criminal charges for which an individual was found not guilty) by a federal court at sentencing.</p>

action_date: 2022-03-28
action_desc: Passed House
text: <p><b>Prohibiting Punishment of Acquitted Conduct Act of 2021</b></p> <p>This bill limits the consideration of acquitted conduct (e.g., conduct underlying criminal charges for which an individual was found not guilty) by a federal court at sentencing.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 1621 IN THE HOUSE OF REPRESENTATIVES March 8, 2021 Mr. Cohen (for himself and Mr. Armstrong ) 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.

1. Short title This Act may be cited as the Prohibiting Punishment of Acquitted Conduct Act of 2021 . 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. .

tv_txt: I 117th CONGRESS 2d Session H. R. 1621 IN THE HOUSE OF REPRESENTATIVES AN ACT 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 2021 . 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. . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives March 28, 2022. Cheryl L. Johnson, Clerk.

tv_txt: II Calendar No. 315 117th CONGRESS 2d Session H. R. 1621 IN THE SENATE OF THE UNITED STATES March 29, 2022 Received; read twice and placed on the calendar AN ACT 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 2021 . 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. . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives March 28, 2022. Cheryl L. Johnson, Clerk.

March 29, 2022 Received; read twice and placed on the calendar

tv_txt: IB Union Calendar No. 206 117th CONGRESS 2d Session H. R. 1621 [Report No. 117–279] IN THE HOUSE OF REPRESENTATIVES March 8, 2021 Mr. Cohen (for himself and Mr. Armstrong ) introduced the following bill; which was referred to the Committee on the Judiciary March 28, 2022 Additional sponsors: Ms. Garcia of Texas , Mr. Keller , and Ms. Williams of Georgia March 28, 2022 Reported from the Committee on the Judiciary ; committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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 2021 . 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. .

March 28, 2022 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed