< Back to H.R. 4193 (104th Congress, 1995–1996)

Text of the Grand Jury Fairness Reform Act of 1996

This bill was introduced on September 26, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 26, 1996 (Introduced).

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HR 4193 IH

104th CONGRESS

2d Session

H. R. 4193

To amend title 18, United States Code, to provide that witnesses in grand jury proceedings have the presence and advice of counsel during that witness’ testimony.

IN THE HOUSE OF REPRESENTATIVES

September 26, 1996

Ms. GREENE of Utah introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to provide that witnesses in grand jury proceedings have the presence and advice of counsel during that witness’ testimony.

    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 ‘Grand Jury Fairness Reform Act of 1996’.

SEC. 2. RIGHT TO COUNSEL FOR WITNESSES AT GRAND JURY PROCEEDINGS.

    (a) IN GENERAL- Chapter 215 of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 3323. Right to counsel

    ‘(a) RIGHT TO COUNSEL- Each witness before any grand jury impaneled before any district court shall have the right to the presence and advice of counsel of the witness’ own procurement during that witness’ testimony.

    ‘(b) DUTY OF THE GOVERNMENT TO ADVISE- It shall be the duty of attorneys representing the United States to ensure that witnesses have been properly advised in a timely fashion of their right to be accompanied by counsel during their testimony.

    ‘(c) LIMITATIONS ON THE PARTICIPATION OF COUNSEL- Counsel for a witness shall be permitted to be present and advise the witness during the witness’ testimony, but such counsel shall not address the grand jury, raise objections, make arguments, or in any way disrupt the proceedings other than to give advice to that counsel’s client.

    ‘(d) DISCLOSURE OF PROCEEDINGS BY COUNSEL- A counsel who represents a witness before a grand jury is restricted from disclosing matters that occur before the grand jury to the same degree that the counsel’s client is so restricted.

    ‘(e) REPRESENTATION OF MORE THAN ONE WITNESS- No counsel shall be permitted to represent more than one witness before a grand jury if such representation would, in the court’s determination, compromise the counsel’s independent judgment. For purposes of this subsection, each attorney in an association of attorneys affiliated in the practice of law shall be deemed to represent each and every one of the association’s clients.

    ‘(f) SANCTIONS- In the event the court finds a counsel in violation of subsection (c), (d), or (e) of this section, the court shall take such measures that are necessary to assure compliance and obtain professional discipline, including excluding counsel from the grand jury room or ordering the separate representation of a witness.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 215 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘3323. Right to counsel.’.