Due Process Protections Act

Bill: 116-s-1380
Sponsor: full_name: Sen. Sullivan, Dan [R-AK]
Introduced: 2019-05-08
Policy area: Crime and Law Enforcement
Subjects: Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Due process and equal protection

Evidence and witnesses
Latest action: action_date: 2020-10-21
text: Became Public Law No: 116-182.

Summaries:
action_date: 2019-05-08
action_desc: Introduced in Senate
text: <p><b>Due Process Protections Act</b></p> <p>This bill requires a federal judge in criminal proceedings to issue an order confirming the obligation of the prosecutor to disclose exculpatory evidence.</p>

action_date: 2020-05-20
action_desc: Passed Senate
text: <p><b>Due Process Protections Act</b></p> <p>This bill requires a federal judge in criminal proceedings to issue an order confirming the obligation of the prosecutor to disclose exculpatory evidence.</p>

action_date: 2020-09-21
action_desc: Passed House
text: <p><b>Due Process Protections Act</b></p> <p>This bill requires a federal judge in criminal proceedings to issue an order confirming the obligation of the prosecutor to disclose exculpatory evidence.</p>

action_date: 2020-10-21
action_desc: Public Law
text: <p><b>Due Process Protections Act</b></p> <p>This bill requires a federal judge in criminal proceedings to issue an order confirming the obligation of the prosecutor to disclose exculpatory evidence.</p>

tv_txt: II 116th CONGRESS 1st Session S. 1380 IN THE SENATE OF THE UNITED STATES May 8, 2019 Mr. Sullivan (for himself and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law.

1. Short title This Act may be cited as the Due Process Protections Act . 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. .

tv_txt: 116th CONGRESS 2d Session 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.

1. Short title This Act may be cited as the Due Process Protections Act . 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. .

Passed the Senate May 20, 2020. Secretary

tv_txt: 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.

1. Short title This Act may be cited as the Due Process Protections Act . 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. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate