[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1380 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1380

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


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                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2019

  Mr. Sullivan (for himself and Mr. Durbin) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

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                                 A BILL


 
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.''.
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