[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1721

  To provide for the Attorney General of the United States to develop 
  guidelines for Federal prosecutors to protect familial privacy and 
 communications between parents and their children in matters that do 
not involve allegations of violent or drug trafficking conduct and the 
   Judicial Conference of the United States to make recommendations 
 regarding the advisability of amending the Federal Rules of Evidence 
                           for such purpose.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1998

   Mr. Leahy introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for the Attorney General of the United States to develop 
  guidelines for Federal prosecutors to protect familial privacy and 
 communications between parents and their children in matters that do 
not involve allegations of violent or drug trafficking conduct and the 
   Judicial Conference of the United States to make recommendations 
 regarding the advisability of amending the Federal Rules of Evidence 
                           for such purpose.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONFIDENTIALITY OF PARENT CHILD COMMUNICATIONS IN JUDICIAL 
              PROCEEDINGS.

    (a) Study and Development of Prosecutorial Guidelines.--The 
Attorney General of the United States shall--
            (1) study and evaluate the manner in which the States have 
        taken measures to protect the confidentiality of communications 
        between children and parents and, in particular, whether such 
        measures have been taken in matters that do not involve 
        allegations of violent or drug trafficking conduct;
            (2) develop guidelines for Federal prosecutors that will 
        provide the maximum protection possible for the confidentiality 
        of communications between children and parents in matters that 
        do not involve allegations of violent or drug trafficking 
        conduct, within any applicable constitutional limits, and 
        without compromising public safety or the integrity of the 
        judicial system, taking into account--
                    (A) the danger that the free communication between 
                a child and his or her parent will be inhibited and 
                familial privacy and relationships will be damaged if 
                there is no assurance that such communications will be 
                kept confidential;
                    (B) whether an absolute or qualified testimonial 
                privilege for communications between a child and his or 
                her parents in matters that do not involve allegations 
                of violent or drug trafficking conduct is appropriate 
                to provide the maximum guarantee of familial privacy 
                and confidentiality without compromising public safety 
                or the integrity of the judicial system; and
                    (C) the appropriate limitations on a testimonial 
                privilege for such communications between a child and 
                his or her parents, including--
                            (i) whether the privilege should apply in 
                        criminal and civil proceedings;
                            (ii) whether the privilege should extend to 
                        all children, regardless of age, unemancipated 
                        or emancipated, or be more limited;
                            (iii) the parameters of the familial 
                        relationship subject to the privilege, 
                        including whether the privilege should extend 
                        to stepparents or grandparents, adopted 
                        children, or siblings; and
                            (iv) whether disclosure should be allowed 
                        absent a particularized showing of a compelling 
                        need for such disclosure, and adequate 
                        procedural safeguards are in place to prevent 
                        unnecessary or damaging disclosures; and
            (3) prepare and disseminate to Federal prosecutors the 
        findings made and guidelines developed as a result of the study 
        and evaluation.
    (b) Report and Recommendations.--Not later than 1 year after the 
date of enactment of this Act, the Attorney General of the United 
States shall submit a report to Congress on--
            (1) the findings of the study and the guidelines required 
        under subsection (a); and
            (2) recommendations based on the findings on the need for 
        and appropriateness of further action by the Federal 
        Government.
    (c) Review of Federal Rules of Evidence.--Not later than 180 days 
after the date of enactment of this Act, the Judicial Conference of the 
United States shall complete a review and submit a report to Congress 
on--
            (1) whether the Federal Rules of Evidence should be amended 
        to guarantee that the confidentiality of communications by a 
        child to his or her parent in matters that do not involve 
        allegations of violent or drug trafficking conduct will be 
        adequately protected in Federal court proceedings; and
            (2) if the rules should be so amended, a proposal for 
        amendments to the rules that provides the maximum protection 
        possible for the confidentiality of such communications, within 
        any applicable constitutional limits and without compromising 
        public safety or the integrity of the judicial system.
                                 <all>