[116th Congress Public Law 182]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 894]]
Public Law 116-182
116th Congress
An Act
To amend the Federal Rules of Criminal Procedure to remind prosecutors
of their obligations under Supreme Court case law. <<NOTE: Oct. 21,
2020 - [S. 1380]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Due Process
Protections Act.>>
SECTION 1. <<NOTE: 18 USC app. 61 note.>> 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 <<NOTE: 18 USC
app. 5.>> 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.''.
Approved October 21, 2020.
LEGISLATIVE HISTORY--S. 1380:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
May 20, considered and passed Senate.
Sept. 21, considered and passed House.
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