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[Page S5751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Grassley, Mr. Leahy, Mr. Tillis,
Mr. Booker, and Mr. Lee):
S. 2566. A bill to amend section 3661 of title 18, United States
Code, to prohibit the consideration of acquitted conduct at sentencing;
to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2566
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 2019''.
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
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.''.
______
By Ms. HIRONO (for herself, Mr. Blumenthal, Ms. Cantwell, Ms.
Cortez Masto, Ms. Duckworth, Mrs. Gillibrand, Ms. Klobuchar,
Mr. Markey, Mr. Merkley, and Ms. Rosen):
S. 2579. A bill to direct the Director of the Office of Science and
Technology Policy to carry out programs and activities to ensure that
Federal science agencies and institutions of higher education receiving
Federal research and development funding are fully engaging their
entire talent pool, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
____________________