Due Process Protections Act

134 STAT. 894 PUBLIC LAW 116–182—OCT. 21, 2020 LEGISLATIVE HISTORY—S. 1380: CONGRESSIONAL RECORD, Vol. 166 (2020): May 20, considered and passed Senate. Sept. 21, considered and passed House. Æ 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. 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.’’. Approved October 21, 2020. 18 USC app. 5. 18 USC app. 61 note. Due Process Protections Act. Oct. 21, 2020 [S. 1380] VerDate Sep 11 2014 13:50 Oct 23, 2020 Jkt 019139 PO 00182 Frm 00001 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL182.116 PUBL182 wwoods2 on LAPJF8D0R2PROD with PUBLAW