[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4193 Introduced in House (IH)]






104th CONGRESS
  2d Session
                                H. R. 4193

  To amend title 18, United States Code, to provide that witnesses in 
 grand jury proceedings have the presence and advice of counsel during 
                        that witness' testimony.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

Ms. Greene of Utah introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to provide that witnesses in 
 grand jury proceedings have the presence and advice of counsel during 
                        that witness' testimony.

    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 ``Grand Jury Fairness Reform Act of 
1996''.

SEC. 2. RIGHT TO COUNSEL FOR WITNESSES AT GRAND JURY PROCEEDINGS.

    (a) In General.--Chapter 215 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3323. Right to counsel
    ``(a) Right to Counsel.--Each witness before any grand jury 
impaneled before any district court shall have the right to the 
presence and advice of counsel of the witness' own procurement during 
that witness' testimony.
    ``(b) Duty of the Government To Advise.--It shall be the duty of 
attorneys representing the United States to ensure that witnesses have 
been properly advised in a timely fashion of their right to be 
accompanied by counsel during their testimony.
    ``(c) Limitations on the Participation of Counsel.--Counsel for a 
witness shall be permitted to be present and advise the witness during 
the witness' testimony, but such counsel shall not address the grand 
jury, raise objections, make arguments, or in any way disrupt the 
proceedings other than to give advice to that counsel's client.
    ``(d) Disclosure of Proceedings by Counsel.--A counsel who 
represents a witness before a grand jury is restricted from disclosing 
matters that occur before the grand jury to the same degree that the 
counsel's client is so restricted.
    ``(e) Representation of More Than One Witness.--No counsel shall be 
permitted to represent more than one witness before a grand jury if 
such representation would, in the court's determination, compromise the 
counsel's independent judgment. For purposes of this subsection, each 
attorney in an association of attorneys affiliated in the practice of 
law shall be deemed to represent each and every one of the 
association's clients.
    ``(f) Sanctions.--In the event the court finds a counsel in 
violation of subsection (c), (d), or (e) of this section, the court 
shall take such measures that are necessary to assure compliance and 
obtain professional discipline, including excluding counsel from the 
grand jury room or ordering the separate representation of a 
witness.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 215 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3323. Right to counsel.''.
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