One Hundred Sixteenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
S. 1380
IN THE SENATE OF THE UNITED STATES
AN ACT
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
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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.
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Speaker of the House of Representatives
Vice President of the United States and President of the Senate
