A bill to establish certain rules with respect to the appearance of witnesses before grand juries in order better to protect the constitutional rights and liberties of such witnesses under the fourth, fifth and sixth amendments to the Constitution, to provide for independent inquiries by grand juries.
Grand Jury Reform Act - Revises the procedures for finding a recalcitrant Federal grand Jury witness in contempt to require that 12 or more grand jury members vote to apply to the district court for a contempt order.
Entitles recalcitrant grand jury witnesses to a hearing prior to being confined. Prohibits confining a recalcitrant witness more than once, for refusing to testifying about any specified transaction or set of transactions. Limits confinement to six months. Set forth guidelines relative to place of confinement and release pending appeal.
Establishes as a defense to contempt for refusing to testify at a Federal grand jury proceeding the fact that the request for information is based on any violation of a witness' Federal constitutional or statutory rights.
Prohibits a recalcitrant grand jury witness from being held in contempt unless he has consented to and has been given transactional immunity.
Directs a district court to notify upon impanelment a grand jury of its rights and duties.
Empowers a grand jury to inquire into alleged offenses committed against the United States within the appropriate judicial district by Federal, State, or local officials. Permits a grand jury to have a special attorney assist it in such an independent inquiry in lieu of an attorney for the government.
Requires the attorney for the Government, or the special attorney, to take reasonable steps to notify any person of (1) any intention to present evidence against the person and request a presentment and (2) a right to testify and present evidence.
Excepts from such notice requirements situations in which the attorney for the Government, or the special attorney, can prove that notice would result in flight, undue delay, or danger to other witnesses.
Stipulates that a subpena summoning a witness to appear or present evidence before a grand jury may issue only upon an affirmative vote of 12 or more jurors.
Requires that upon the service of any subpena the witness be given notice of the following: (1) the right to counsel set forth in this Act; (2) the privilege against self incrimination; (3) the subject matter of the grand jury investigation; (4) whether the witness's own conduct is under investigation; (5) the criminal statutes, violation of which is under consideration, if known; and (6) any other rights which the court deems appropriate.
Sets forth jurisdictional and procedural rules regarding motions relative to subpenas to appear before grand juries.
Entitles every grand jury witness to counsel during his testimony.
Limits a grand jury's inquiry to offenses committed within the district in which it is convened. Authorizes a court to transfer its proceedings upon a finding of hardship to the witness or where justice so requires.
Directs a district court to dismiss any indictment (1) based on insufficient or illegally obtained evidence or (2) issuing from a grand jury proceeding in which all exculpatory evidence was not presented.
Entitles witnesses compelled to testify before Congress or a Federal agency to transactional immunity.
Prohibits a grand jury inquiry into any transaction or event if another jury has failed to return an indictment based on the same occurrence, unless the court finds that additional relevant evidence has been discovered.
Entitles a witness summoned to appear before a grand jury to examine and copy any relevant personal statements in the possession of the government, and a witness who has testified before a grand jury to copy and examine a transcript of such testimony.
States that no person shall be required to testify or held in contempt for refusing to testify before a grand jury if it is shown (1) the primary purpose of the information sought is or will be to secure testimony for the trial or other information regarding a person already under formal accusation by the United States, a State, or a subdivision thereof for activities relative to testimony sought; (2) the witness has not been advised of his rights; (3) the evidence sought is not relevant to the grand jury investigation properly conducted within the grand jury's jurisdiction and (4) compliance with the subpena will be unreasonable or oppressive.
Directs the Attorney General to annually report to Congress and the Administrative Office of the United States Courts with respect to specified aspects of grand jury proceedings, including: (1) the number of investigations conducted and the nature of each such investigation; (2) the number of requests for witness immunity and the nature of arrests, indictments, trials and convictions which resulted from orders granting such immunity; (3) the number of contempt citations and confinements; and (4) description of the procedures by which grand jury information is processed, stored, and used by the Department of Justice.
Referred to House Committee on the Judiciary.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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