May 20, 2020 - Issue: Vol. 166, No. 95 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Page S2559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      DUE PROCESS PROTECTIONS ACT

  Mr. PORTMAN. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration and the 
Senate now proceed to S. 1380.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1380) to amend the Federal Rules of Criminal 
     Procedure to remind prosecutors of their obligations under 
     Supreme Court case law.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. PORTMAN. I ask unanimous consent that the bill be considered read 
a third time and passed and the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1380) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows

                                S. 1380

       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 ``Due Process Protections 
     Act''.

     SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS.

       Rule 5 of the Federal Rules of Criminal Procedure 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.''.

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