S. 1380 — Introduced in Senate

II 116th CONGRESS 1st Session S. 1380 IN THE SENATE OF THE UNITED STATES May 8, 2019Mr. Sullivan (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To 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. .