3.0.0 2197 2019-11-15T21:55:23Z 2019-11-15T21:55:23Z Senate S S 2012-03-15 112 ssju00 Judiciary Committee Senate Standing Hearings by 2012-06-06T19:15:03Z Referred to 2012-03-15T19:39:52Z 2012-06-06 ssju00 Judiciary Committee Senate Committee on the Judiciary. Hearings held. Committee 2012-03-15 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1736-1737) IntroReferral 2012-03-15 Introduced in Senate IntroReferral 10000 9 Library of Congress M001153 Sen. Murkowski, Lisa [R-AK] Lisa Murkowski R AK N I000025 Sen. Inouye, Daniel K. [D-HI] DANIEL INOUYE D HI KEN 2012-03-15 True H001016 Sen. Hutchison, Kay Bailey [R-TX] KAY HUTCHISON R TX BAILEY 2012-03-15 True B001265 Sen. Begich, Mark [D-AK] Mark Begich D AK 2012-03-15 True A000069 Sen. Akaka, Daniel K. [D-HI] DANIEL AKAKA D HI KOHIKINA 2012-03-15 True E000285 Sen. Enzi, Michael B. [R-WY] MICHAEL ENZI R WY B. 2012-03-28 False Crime and Law Enforcement Criminal investigation, prosecution, interrogation Criminal procedure and sentencing Evidence and witnesses Legal fees and court costs Crime and Law Enforcement 00 2012-03-15 Introduced in Senate 2012-07-03T22:01:39Z Fairness in Disclosure of Evidence Act of 2012 - Amends the federal criminal code to require the attorney for the government, in a criminal prosecution, to provide to the defendant any information or evidence that may reasonably appear to be favorable to the defendant regarding the determination of guilt, any preliminary matter before the cour, or the sentence to be imposed (covered information): (1) that is within the possession, custody, or control of the prosecution team; or (2) the existence of which is known, or through due diligence would become known, to that attorney.

Directs the government attorney to provide to the defendant any covered information: (1) without delay after arraignment and before the entry of any guilty plea; and (2) as soon as is reasonably practicable upon its becoming known, without regard to whether the defendant has entered or agreed to enter a guilty plea.

Authorizes the court, upon motion of the United States which the court may permit to be filed under seal to protect a witness's identity, to issue an order to protect against immediate disclosure if: (1) the covered information is favorable to the defendant solely because it would provide a basis to impeach the credibility of a potential witness, and (2) the United States establishes a reasonable basis to believe that the identity of the potential witness is not already known to any defendant and disclosure would present a threat to anyone's safety.

Permits the court, under specified circumstances, to accept a waiver of this Act by a defendant. Prohibits a defendant from waiving a provision of this Act except in open court.

Requires the court to order an appropriate remedy upon determining that the United States has violated the requirement to disclose or to disclose in a timely manner and provides for payment of the defendant's costs.

]]> Fairness in Disclosure of Evidence Act of 2012 Short Titles as Introduced Fairness in Disclosure of Evidence Act of 2012 Display Title Fairness in Disclosure of Evidence Act of 2012 Official Title as Introduced A bill to require the attorney for the Government to disclose favorable information to the defendant in criminal prosecutions brought by the United States, and for other purposes. Introduced in Senate 2012-03-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s2197is/xml/BILLS-112s2197is.xml 2012-06-06 Committee on the Judiciary. Hearings held. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.