[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1380 Enrolled Bill (ENR)]

        S.1380

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
 To amend the Federal Rules of Criminal Procedure to remind prosecutors 
           of their obligations under Supreme Court case law.

    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 ``Due Process Protections Act''.
SEC. 2. REMINDER OF PROSECUTORIAL OBLIGATIONS.
    Rule 5 of the Federal Rules of Criminal Procedure 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.