Grand Jury Reform Act

Summary

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 and district court criminal 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. Establishes as a defense to contempt for refusing to testify at a Federal criminal or 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 or district court criminal 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 that upon the service of any subpena directing a witness to testify or produce evidence before a grand jury 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. Establishes procedures whereby any person may request to appear before a grand jury and request that the grand jury conduct an independent inquiry pursuant to this Act. Amends the Federal Rules of Criminal Procedure to repeal the rule authorizing waiver of an indictment and replacing it with a rule directing the court to dismiss any indictment based on insufficient evidence or on a 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 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.

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Documents

1 official file

• Introduced in House

  summary · EN · 27 January 1977

  Open at official source

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