116 S1380 IS: Due Process Protections Act U.S. Senate 2019-05-08 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.

II116th CONGRESS1st SessionS. 1380IN THE SENATE OF THE UNITED STATESMay 8, 2019Mr. Sullivan (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo 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..