Public Law 116–182: To amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law.Public Law182Public Law 116–182134 Stat. 8942020-10-212020-10-21United States Government Publishing OfficeNational Archives and Records AdministrationOffice of the Federal Registertext/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.GPO Locator to USLM Converter 4.15.31;Stage2.202507022026-01-02116publicPUBLIC LAW 116–182—OCT. 21, 2020134 STAT. 894Public Law116–182116th CongressAn ActTo amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law.
Oct. 21, 2020
[S. 1380]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Due Process Protections Act.
SECTION 1.
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
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.”.ApprovedOctober 21, 2020.LEGISLATIVE HISTORY—S. 1380:CONGRESSIONAL RECORD, Vol. 166 (2020):