Pub. L. 116-182 - Due Process Protections Act

116th Congress

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 Procedure18 USC app. 5. is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

(2)“(f)“(1) 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)“(f)“(2) 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.”

(2) .

Legislative History

LEGISLATIVE HISTORY—S. 1380:

CONGRESSIONAL RECORD, Vol. 166 (2020):

May 20, considered and passed Senate.

Sept. 21, considered and passed House.