A bill to make certain amendments to title 18, United States Code, relating to rights of witnesses appearing before grand juries.

Summary

Amends the Federal criminal code to revise the rights of witnesses and procedures applicable to grand juries. Entitles witnesses subpoenaed to testify before a Federal grand jury to be assigned counsel during questioning. Permits counsel to advise such witness but not address the Government attorney or otherwise participate in the proceedings. Authorizes the court to remove such counsel. Requires issuance of a subpoena to appear before a grand jury to be issued at least three days before the intended date of testimony. Requires each witness to be given adequate and reasonable notice of: (1) his or her right to counsel, privilege against self-incrimination, and immunity rights; (2) the subject matter of the grand jury investigation and the applicable criminal statute; and (3) whether his or her conduct is under grand jury investigation. Requires the recording of all grand jury proceedings, except for the grand jury's secret deliberations. Entitles a defendant to examine and copy a transcript or recording of grand jury testimony at a reasonable time before trial. Revises the procedures under which a Government attorney may request an order requiring a witness to testify in return for immunity to require an affirmative finding by twelve members of the grand jury that the testimony is necessary to the public interest and relevant to the investigation and immunity order. Establishes criminal penalties for unauthorized disclosure of grand jury evidence or other information.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 10 April 1981

  Open at official source

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