[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2030 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2030

To amend the Federal Rules of Civil Procedure, relating to counsel for 
      witnesses in grand jury proceedings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 1998

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

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Rules of Civil Procedure, relating to counsel for 
      witnesses in grand jury proceedings, and for other purposes.

    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 Due Process Act''.

SEC. 2. GRAND JURIES.

    (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure 
is amended--
            (1) in subdivision (d), by inserting ``and counsel for that 
        witness (as provided in subdivision (h))'' after ``under 
        examination''; and
            (2) by adding at the end the following:
    ``(h) Counsel for Grand Jury Witnesses.--
            ``(1) In general.--
                    ``(A) Right of assistance.--Each witness subpoenaed 
                to appear and testify before a grand jury in a district 
                court, or to produce books, papers, documents, or other 
                objects before that grand jury, shall be allowed the 
                assistance of counsel during such time as the witness 
                is questioned in the grand jury room.
                    ``(B) Retention or appointment.--Counsel for a 
                witness described in subparagraph (A)--
                            ``(i) may be retained by the witness; or
                            ``(ii) in the case of a witness who is 
                        determined by the court to be financially 
                        unable to obtain counsel, shall be appointed as 
                        provided in section 3006A of title 18, United 
                        States Code.
            ``(2) Powers and duties of counsel.--A counsel retained by 
        or appointed for a witness under paragraph (1)--
                    ``(A) shall be allowed to be present in the grand 
                jury room only during the questioning of the witness 
                and only to advise the witness;
                    ``(B) shall not be permitted to address the 
                attorney for the government or any grand juror, or 
                otherwise participate in the proceedings before the 
                grand jury; and
                    ``(C) shall not represent more than 1 client in a 
                grand jury proceeding, if the exercise of the 
                independent judgment of the counsel on behalf of 1 or 
                both clients will be, or is likely to be, adversely 
                affected by the representation of another client.
            ``(3) Powers of the court.--
                    ``(A) In general.--If the court determines that 
                counsel retained by or appointed for a witness under 
                this subdivision has violated paragraph (2), or that 
                such action is necessary to ensure that the activities 
                of the grand jury are not unduly delayed or impeded, 
                the court may--
                            ``(i) remove the counsel and either appoint 
                        new counsel or order the witness to obtain new 
                        counsel; and
                            ``(ii) with respect to a violation of 
                        paragraph (2)(C), order separate representation 
                        of the witnesses at issue, giving appropriate 
                        weight to the right of each witness to counsel 
                        of his or her own choosing.
                    ``(B) No effect on other sanctions.--Nothing in 
                this paragraph shall be construed to affect the 
                contempt powers of the court or the power of the court 
                to impose other appropriate sanctions.
            ``(4) Notice.--Upon service of any subpoena requiring any 
        witness to testify or produce information at any proceeding 
        before a grand jury impaneled before a district court, the 
        witness shall be given adequate and reasonable notice of the 
        right to the presence of counsel in the grand jury room, as 
        provided in this subdivision.''.
                                 <all>