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S. 2788

BillFederalSenateIn Committee
To amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
About This Bill
Committee
Latest Action · September 13, 2023
Read twice and referred to the Committee on the Judiciary. (text: CR S4443)
Congress
118th (2023–2025)
Introduced
September 13, 2023
Cosponsors (9)
5D 4R
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Summary

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This bill would prohibit federal judges from considering conduct that resulted in a defendant's acquittal when determining their sentence, except in cases where the acquitted conduct would reduce rather than increase the sentence. Currently, judges can consider acquitted conduct as a factor in sentencing even if a defendant was found not guilty of those specific charges, which critics argue allows punishment for crimes a person was acquitted of. The legislation applies to federal criminal sentencing and defines acquitted conduct as acts for which someone was found not guilty at trial or charges that were dismissed on motions for acquittal in federal, state, or tribal courts. The bill would only apply to sentences handed down after the law takes effect and does not require any new federal funding to implement.

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