Text: S.1380 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-182 (10/21/2020)

 
[116th Congress Public Law 182]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 894]]

Public Law 116-182
116th Congress

                                 An Act


 
 To amend the Federal Rules of Criminal Procedure to remind prosecutors 
  of their obligations under Supreme Court case law. <<NOTE: Oct. 21, 
                          2020 -  [S. 1380]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Due Process 
Protections Act.>> 
SECTION 1. <<NOTE: 18 USC app. 61 note.>>  SHORT TITLE.

    This Act may be cited as the ``Due Process Protections Act''.
SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS.

    Rule 5 of the Federal Rules of Criminal Procedure <<NOTE: 18 USC 
app. 5.>>  is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:

    ``(f) Reminder of Prosecutorial Obligation.--
            ``(1) 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.
            ``(2) 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.''.

    Approved October 21, 2020.

LEGISLATIVE HISTORY--S. 1380:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            May 20, considered and passed Senate.
            Sept. 21, considered and passed House.

                                  <all>

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