S. 1739 (109th): A bill to amend the material witness statute to strengthen procedural safeguards, and for other purposes.

Introduced:
Sep 21, 2005 (109th Congress, 2005–2006)
Sponsor:
Sen. Patrick Leahy [D-VT]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on September 21, 2005, in a previous session of Congress, but was not enacted.

Progress
Introduced Sep 21, 2005
Referred to Committee Sep 21, 2005
Cosponsors
none
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Summary

No summaries available.

Text

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Last updated Sep 21, 2005.
10 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/21/2005--Introduced.
Rewrites provisions of the federal criminal code regarding material witnesses.
Authorizes a judicial officer (officer) to:
(1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear; and
(2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured.
Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel.
Requires an officer, at the initial appearance, to:
(1) inform a witness of the warrant and right to counsel;
(2) allow the witness a reasonable opportunity to consult with counsel; and
(3) release or detain the witness (authorizes detention where release will not reasonably assure the witness's appearance, but only if the testimony cannot adequately be secured by deposition).
Limits the detention period.
Requires:
(1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible; and
(2) the Attorney General to report annually to the House and Senate Judiciary Committees.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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