[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2289 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2289

  To amend the Federal Rules of Criminal Procedure, relating to grand 
               jury proceedings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 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 Criminal Procedure, relating to 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 Reform Act of 1998''.

SEC. 2. GRAND JURIES.

    (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure 
is amended--
            (1) in subdivision (a), by adding at the end the following:
            ``(3) Instruction on rights, responsibilities, and 
        duties.--Upon impaneling a grand jury, the court shall instruct 
        and charge the grand jury on the rights, responsibilities, and 
        duties of the grand jury under this rule, including--
                    ``(A) the duty to inquire into criminal offenses 
                that are alleged to have been committed within the 
                jurisdiction;
                    ``(B) the right to call and interrogate witnesses;
                    ``(C) the right to request production of a book, 
                paper, document, or other object, including exculpatory 
                evidence;
                    ``(D) the necessity of finding credible evidence of 
                each material element of the crime charged before 
                returning a true bill;
                    ``(E) the right to request that the attorney for 
                the government draft indictments for charges other than 
                those originally requested by that attorney;
                    ``(F) the obligation of secrecy under subdivision 
                (e)(2); and
                    ``(G) such other rights, responsibilities, and 
                duties as the court determines to be appropriate.'';
            (2) in subdivision (d), by inserting ``and counsel for that 
        witness (as provided in subdivision (i))'' after ``under 
        examination'';
            (3) in subdivision (e)(2), by adding at the end the 
        following: ``The court shall have the authority to investigate 
        any violation of this paragraph, including the authority to 
        appoint counsel to investigate and report to the court 
        regarding any such violation.''; and
            (4) by adding at the end the following:
    ``(h) Notice to Witnesses.--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--
            ``(1) his or her right to counsel, as provided in 
        subdivision (i);
            ``(2) his or her privilege against self-incrimination;
            ``(3) the subject matter of the grand jury investigation;
            ``(4) whether his or her own conduct is under investigation 
        by the grand jury;
            ``(5) the criminal statute, the violation of which is under 
        consideration by the grand jury, if such statute is known at 
        the time of issuance of the subpoena;
            ``(6) his or her rights regarding immunity; and
            ``(7) any other rights and privileges which the court deems 
        necessary or appropriate.
    ``(i) 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; and
                    ``(B) shall not be permitted to address any grand 
                juror, or otherwise participate in the proceedings 
                before the grand jury.
            ``(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 remove the counsel and either appoint new 
                counsel or order the witness to obtain new counsel.
                    ``(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.
    ``(j) Exculpatory Evidence.--An attorney for the government shall 
disclose to the grand jury any substantial evidence of which that 
attorney has knowledge that directly negates the guilt of the accused. 
Failure to disclose such evidence may be the basis for a motion to 
dismiss the indictment, if the court determines that the evidence might 
reasonably be expected to lead the grand jury not to indict.
    ``(k) Availability of Grand Jury Transcripts and Other 
Statements.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        10 days before trial (unless the court shall for good cause 
        determine otherwise), and after the return of an indictment or 
        the filing of any information, a defendant shall, upon request, 
        and as the court determines to be reasonable, be entitled to 
        examine and duplicate a transcript or electronic recording of--
                    ``(A) the grand jury testimony of all witnesses to 
                be called at trial;
                    ``(B) all statements relating to the defendant's 
                case made to the grand jury by the court, the attorney 
                for the government, or a special attorney;
                    ``(C) all grand jury testimony or evidence which in 
                any manner could be considered exculpatory; and
                    ``(D) all other grand jury testimony or evidence 
                that is determined by the court to be material to the 
                defense.
            ``(2) Exception.--The court may refuse to allow a defendant 
        to examine and duplicate a transcript or electronic recording 
        of any testimony, statement, or evidence described in paragraph 
        (1), if the court determines that such examination or 
        duplication would endanger any witness.''.
    (b) Conforming Amendments.--Section 3500(e) of title 18, United 
States Code, is amended--
            (1) in paragraph (1), by adding ``or'' at the end;
            (2) in paragraph (2), by striking ``, or'' and inserting a 
        period; and
            (3) by striking paragraph (3).
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