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H.R. 5864 (95th): An Act to approve with modifications certain proposed amendments to the Federal Rules of Criminal Procedure, to disapprove other such proposed amendments, and for other related purposes.


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


7/20/1977--Reported to Senate amended. (Reported to Senate from the Committee on the Judiciary with amendment, S. Rept. 95-354) Provides that the proposed amendments to Rules 6(e), 23, 24, and 41(c)(z) and proposed new Rule 40.1 of the Federal Rules of Criminal Procedure (effective 8/1/77) shall take effect only as provided in this Act. Amends Rule 6(e) to state that a juror, Government attorney, interpreter, stenographer, recording device operator, or certain other Government personnel may not disclose matters occurring before the grand jury except as otherwise provided in the Rules. Stipulates that a Knowing violation of such Rule may be punished as a contempt of court. Allows disclosure of matters occurring before a grand jury (other than deliberations and votes) to Government personnel who assist attorneys for the Government where their expertise is required. Requires that the names of such personnel be promptly provided to the district court. Permits disclosure as directed by a court preliminarily to or in connection with a judicial proceeding or at the request of the defendant, upon a showing that grounds may exist for dismissing the indictment because of matters occurring before the grand jury. Approves the proposed amendment to the Rules permitting the parties to stipulate in writing that a verdict may be returned by a jury of less than 12 should the court find it necessary to dismiss a juror after trial commences. Disapproves the Supreme Court proposed amendment to Rule 24, thus retaining the current number of preemptory challenges to prospective jurors. Disapproves the new Rule 40.1 proposed by the Supreme Court, thus retaining the present procedure for removal of a criminal case from State to Federal court. Approves, with modifications, an addition to Rule 41(c) providing for a telephone search warrant procedure where the circumstances make it reasonable to dispense with the requirement of a written affidavit presented in person to a magistrate. Amends the statute concerning removal of a criminal case from State to Federal court to provide that a petition for removal must be filed no later than 30 days after arraignment in State court or at any time before trial, whichever is earlier. Provides that the filing of such a petition shall not stay the State proceeding, except that a judgment of conviction shall not be entered unless the petition is first denied.