116 S1380 ES: Due Process Protections Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

116th CONGRESS2d SessionS. 1380IN THE SENATE OF THE UNITED STATESAN ACTTo amend the Federal Rules of Criminal Procedure to remind prosecutors of their obligations under Supreme Court case law.

1.

Short title

This Act may be cited as the Due Process Protections Act .

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..

Passed the Senate May 20, 2020.Secretary