2020-2021 Updates to the Federal Rules of Criminal Procedure

SUPREME COURT

OF THE UNITED STATES

Federal Rule of Criminal Procedure Rule 5, amended by Pub. L. 116–182

Effective October 21, 2020

Pub. L. 116–182

134 Stat. 894

S. 1380—1

One Hundred Sixteenth Congress of the United States of America

2D SESSION

S. 1380

IN THE SENATE OF THE UNITED STATES

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

ENR

116 S. 1380 ENR

AN ACT

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,

t18A/s61 nt new Crim Rule

SECTION 1. SHORT TITLE.

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

t18A/s5 Crim Rule

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:

<< S CT Rule 5 >>

Rule 5. Initial Appearance

“(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.”.

Speaker of the House of RepresentativesVice President of the United States and President of the Senate