The purpose of this is to debate a Bill before it is added. Debate can center on whether the Bill should be passed or not, or it can center over which lobbyists care about the Bill in question. Some Bills are unconstitutional or simply redundant, so if this Bill is one of those, it won't be added in the first place, so feel free to debate that, too. Have fun.
March 1, 2010

Federal Grand Jury Reform Act

WHEREAS the Constitution clarifies the rights of citizens before courts and juries, over the years the federal Grand Jury system has over the years gotten very far afield from the rights and responsibilities laid out in our Constitution.

THEREFORE: the Congress of the United States enacts the following reforms to the grand Jury system.

1) A federal Appellate Judge of the federal court circuit in which the grand jury is empanelled shall sit in all of the grand jury's proceedings, and act as an oversight to insure all federal grand jury regulations and Constitutional provisions are observed and followed. The Oversight Judge will not be a forum for appeal during the grand jury, except in that they would have say as to whether rules and rights are properly followed but the prosecutor and witnesses.

2) A witness before the grand jury who has not received immunity shall have the right to be accompanied by counsel in his or her appearance before the grand jury. Such counsel shall be allowed to be present in the grand jury room only during the questioning of the witness and shall be allowed to advise the witness. Such counsel shall not be permitted to address the grand jurors, stop the proceedings, object to questions, stop the witness from answering a question, nor otherwise take an active part in proceedings before the grand jury. The court shall have the power to remove from the grand jury room, or otherwise sanction counsel for conduct inconsistent with this principle.

3) No prosecutor shall knowingly fail to disclose to the federal grand jury evidence in the prosecutor’s possession which exonerates the target or subject of the offense. Such disclosure obligations shall not include an obligation to disclose matters that affect credibility such as prior inconsistent statements or Giglio materials.

4) The prosecutor shall not present to the federal grand jury evidence which he or she knows to be constitutionally inadmissible at trial because of a court ruling on the matter.

5) A target or subject of a grand jury investigation shall have the right to testify before the grand jury. Prosecutors shall notify such targets or subjects of their opportunity to testify, unless notification may result in flight, endanger other persons or obstruct justice, or unless the prosecutor is unable to notify said persons with reasonable diligence. A target or subject of the grand jury may also submit to the court, to be made available to the foreperson, an offer, in writing, to provide information or evidence to the grand jury.

6) Witnesses should have the right to receive a transcript of their federal grand jury testimony.

7) The federal grand jury shall not name a person in an indictment as an unindicted co-conspirator to a criminal conspiracy. Nothing herein shall prevent the prosecutor from supplying such names in a bill of particulars.

8) All non- immunized subjects or targets called before a federal grand jury shall be given a Miranda warning by the prosecutor before being questioned.

9) All subpoenas for witnesses called before a federal grand jury shall be issued at least 72 hours before the date of appearance, not to include weekends and holidays, unless good cause is shown for an exemption.

10) The federal grand jurors shall be given meaningful jury instructions, on the record, regarding their duties and powers as grand jurors, and the charges they are to consider, by they Appellate Judge sitting as overseer. . All instructions, recommendations and commentary to grand jurors by the prosecution shall be recorded and shall be made available to the accused after an indictment, during pre-trial discovery, and the court shall have discretion to dismiss an indictment, with or without prejudice, in the event of prosecutorial impropriety reflected in the transcript.

11) No prosecutor shall call before the federal grand jury any subject or target who has stated personally or through his attorney that he intends to invoke the constitutional privilege against self-incrimination.

12) The Jury Oversight Judge has the power to go to the Circuit Court of their origin and ask that court to disenpanel the grand jury if the Oversight Judge can shwo abuse by the prosecutor.

This act shall come into immediate force of law upon passage by Congress.

Respectfully submitted,

Senator Roseanne Connor, Massachusetts

Submitted 5:37 PM by Roseanne Connor
No title
I copped the material for this bill from various sources, and added elements of my own.

I am open to all constructive criticisms or additions.
Posted By Roseanne Connor on 3/1/10 at 5:38 PM | Reply
I support
This bill is fundamentel to our governments sustainableity.
Posted By Spencer durham sr. on 3/7/10 at 1:00 PM | Reply
Governor Of Connecticut
What we come of this new Grand Jury System in the states..
Posted By James L. Robinson on 3/5/10 at 6:11 PM | Reply
No title
This bill only dals with the federal grand jury system. States pretty much decid their own state grand jury rules. Although, if this passes, I think it will set the way for the states to adjust their grand jury systems as well, or face legal challenges.
Posted By Roseanne Connor on 3/7/10 at 4:05 PM | Reply
No title
I oppose this awful plan, and will vote against it as a Senator, and will not sign it as President.
Posted By justinbarbour on 6/9/11 at 3:14 AM | Reply

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