A bill to establish certain rules for the appearance of witnesses before grand juries in order to better protect the rights of such witnesses, to provide for independent inquiries by grand juries, to require periodic reports to Congress.
Grand Jury Reform Act - Requires that witnesses compelled to testify before any Federal court or grand jury, any Federal agency, or either House of Congress or any Congressional committee be given transactional immunity.
Prohibits a United States District court from issuing an order to compel testimony before such a body unless it finds that: (1) there is no danger that the witness will be prosecuted or will be subjected to any fine or forfeiture by a foreign government on account of any transaction about which testimony is sought; and (2) in the case of testimony before a grand jury, that the investigation is proper and the testimony sought is relevant.
Prohibits requiring a witness to testify sooner than one week after service of the subpena unless the court finds special need.
Prohibits a grand jury from indicting a witness who was compelled to testify before it.
Specifies criminal penalties for disclosure of evidence introduced, statements made, or other matters occurring before a Federal grand jury by a person present at the grand jury proceedings. Exempts the following from such penalties: (1) disclosure to or by an attorney for the government in the performance of his duties; (2) disclosure directed or permitted by the court; (3) disclosure by a witness who has appeared before the grand jury or by his attorney, of any matter concerning which the witness has provided information; and (4) disclosure by any representative of the press acting in his professional capacity.
Empowers any grand jury impaneled before any district court to inquire on its own initiative into offenses against the criminal laws of the United States alleged to have been committed within that district. Sets the term of grand juries conducting such inquiries. Authorizes a jury conducting an independent inquiry to request at any point by a majority vote the court to appoint a special attorney in lieu of the attorney for the government.
Entitles every witness subpoenaed to appear and testify or to produce information before a grand jury impaneled by a district court to the assistance of counsel. Limits the role of counsel of a grand jury witness to being present in the grand jury room while his client is testifying and advising him.
Entitles a defendant to examine and copy a transcript or electronic recording of: (1) the grand jury testimony of all witnesses to be called at trial; (2) all statements relating to the special attorney; (3) all grand jury evidence which in any manner could be considered exculpatory; and (4) all other grand jury evidence which the court may deem material to the defense. Authorizes the court, upon a showing of good cause, to modify or deny such disclosure.
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.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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