Prohibiting Punishment of Acquitted Conduct Act of 2021
This bill, S. 601, aims to amend section 3661 of title 18, United States Code, in order to prohibit the consideration of acquitted conduct during the sentencing phase of a criminal case.
The bill was introduced by Mr. Durbin, along with several other Senators, and was referred to the Committee on the Judiciary. It was later reported by Mr. Durbin with an amendment.
Short Title
The official name of this bill is the "Prohibiting Punishment of Acquitted Conduct Act of 2021."
Acquitted Conduct at Sentencing
Section 3661 of title 18, United States Code, is being amended to include a provision that prohibits courts from considering acquitted conduct during the sentencing process, unless it is for the purpose of mitigating a sentence.
The amendment will only apply to judgments entered on or after the date of enactment of this bill.
Definitions
Section 3673 of title 18, United States Code, is also being amended to provide definitions related to acquitted conduct.
The term "acquitted conduct" is defined as follows:
- An act for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, military, or Tribal court; or
- In the case of a juvenile, an act for which the juvenile was charged and found not responsible after a juvenile adjudication hearing.
The term also includes any act underlying a criminal charge or juvenile information that was dismissed in a Federal, State, military, or Tribal court.
However, it's important to note that the definition of "acquitted conduct" does not include acts for which a person was criminally charged and convicted.
Victims' Rights
The bill includes provisions to ensure that the rights of crime victims are not limited by the prohibition on considering acquitted conduct at sentencing.
Specifically, the bill states that nothing in this section shall limit the rights of a victim under the Crime Victims' Rights Act.