Section 1 Short title
This Act may be cited as the “Acquitted Conduct Reform Act of 2018”.
Acquitted Conduct Reform Act of 2018
A BILL
To prohibit courts from considering acquitted conduct at sentencing, and for other purposes.
Sec. 2 Use of information for sentencing
Amendment— Section 3661 of title 18, United States Code, is amended by inserting “, except that a court of the United States shall not consider acquitted conduct under this section” before the period at the end.
Applicability— The amendment made by subsection (a) shall apply only to a judgment entered on or after the date of enactment of this Act.
Sec. 3 Definitions
Section 3673 of title 18, United States Code, is amended—
in the matter preceding paragraph (1), by striking “As” and inserting the following:
“(a) As”
by adding at the end the following:
“(b) As used in this chapter, the term acquitted conduct means—
“(1) acts for which a person was criminally charged and adjudicated not guilty after trial in a Federal or State court; and
“(2) acts underlying criminal charges 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 court upon a motion for acquittal or an analogous motion under the applicable State rule of criminal procedure.”