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S. 1380 (116th): Due Process Protections Act

The text of the bill below is as of Sep 23, 2020 (Passed Congress).

One Hundred Sixteenth Congress of the United States of America

2d Session

S. 1380



To amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law.


Short title

This Act may be cited as the Due Process Protections Act .


Reminder of prosecutorial obligations

Rule 5 of the Federal Rules of Criminal Procedure is amended—


by redesignating subsection (f) as subsection (g); and


by inserting after subsection (e) the following:


Reminder of prosecutorial obligation


In general

In all criminal proceedings, on the first scheduled court date when both prosecutor and defense counsel are present, the judge shall issue an oral and written order to prosecution and defense counsel that confirms the disclosure obligation of the prosecutor under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and the possible consequences of violating such order under applicable law.


Formation of order

Each judicial council in which a district court is located shall promulgate a model order for the purpose of paragraph (1) that the court may use as it determines is appropriate.


Speaker of the House of Representatives

Vice President of the United States and President of the Senate