Sec. 203. Accuracy and reliability of evidence in criminal cases; addressing information disparity in criminal cases
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Not later than 180 days after the date of enactment of this Act, the Attorney General shall, in consultation with the Federal Public or Community Defender from the Defender Services Advisory Group, the American Bar Association, the American Law Institute, and other expert organizations, including the Innocence Project, create training and best practices to be implemented by Federal prosecutors and law enforcement officers prior to trial, consistent with the constitutional rights of the defendant, that increase protection for the innocent by reducing the inaccuracy and unreliability of evidence relied upon in criminal cases, including— procedures and protocols for collecting, marking, preserving, cataloguing, and handling evidence; training on interrogation to eliminate coercive tactics that lead to false or unreliable confessions; training on interviewing witnesses to eliminate suggestive tactics that lead to false or unreliable identifications and memories; training to eliminate cross-racial identification mistakes; training to avoid and discourage the use of unreliable informant or cooperator testimony; requiring audio and video recording of all interviews and interrogations in connection with any defendant’s prosecution; promoting a fair and expeditious disposition of the charges, whether by diversion, plea, or trial, consistent with defendants’ constitutional rights; providing the defendant with sufficient information to make an informed plea; permitting the defendant to thoroughly prepare for trial and minimize surprise at trial by providing prompt discovery to the defendant; reducing interruptions and complications during trial to the extent practicable and avoid unnecessary and repetitious trials by identifying and resolving evidentiary disputes prior to trial; minimizing the procedural and substantive inequities among similarly situated defendants, particularly between indigent defendants and nonindigent defendants; and minimizing the burden upon victims, witnesses, counsel, and the taxpayer.
The Attorney General shall instruct Federal prosecutors and law enforcement agents, upon request by the defendant and not later than 14 days after such request, to permit the defendant to inspect and to copy or photograph the full contents of all investigative and case files, excepting only privileged material or attorney work product, to permit inspection, copying, testing, and photographing of disclosed documents or tangible objects, including the following documents or tangible objects:
All relevant recorded, written, and oral statements of the defendant or of any codefendant that are within the possession or control of the Government, and any documents relating to the acquisition of such statements. The names and addresses of all persons known to the Government to have information concerning the offense charged, together with all written statements of any such person that are within the possession or control of the Government and that relate to the subject matter of the offense charged.
The identity of persons the Government intends to call as witnesses at trial. Any information regarding any inquiry, solicitation, or agreement between the Government and any individual that constitutes an inquiry into or solicitation of cooperation or testimony of the individual. Any reports or written statements of any expert the Government intends to call as a witness at trial, including results of physical or mental examinations, scientific tests, experiments, comparisons, a written description of the substance of the proposed testimony of the expert, the expert’s opinion, and the underlying basis of that opinion, if that report or written statement of the expert is material to preparing the defense or the Government intends to use the item in its case-in-chief at trial.
At the defendant's request, the Government must give to the defendant a written summary of any testimony that the Government intends to use under the Federal Rules of Evidence during its case-in-chief at trial. If the Government requests discovery under rule 16(b)(1)(C)(ii) of the Federal Rules of Criminal Procedure and the defendant complies, the Government must, at the defendant's request, give to the defendant a written summary of testimony that the Government intends to use the Federal Rules of Evidence as evidence at trial on the issue of the defendant's mental condition.
The summary provided under this paragraph must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. Any tangible objects, including books, papers, documents, photographs, buildings, places, or any other objects, which pertain to the case or which were obtained from or belong to the defendant, and the identity of any tangible objects if the item is material to preparing the defense or the Government intends to use the item in its case-in-chief at trial.
Any record of prior criminal convictions, pending charges, or probationary status of the defendant or of any codefendant or cooperating witness, and insofar as known to the Government, any record of convictions, pending charges, or probationary status that may be used to impeach of any witness to be called by either party at trial. Any material, documents, or information relating to lineups, showups, and picture or voice identifications, if it is relevant to preparing the defense or the Government intends to use the item in its case-in-chief.
Any material or information within the Government’s possession or control which tends to negate the guilt of the defendant as to the offense charged or would tend to mitigate punishment of the defendant. Any evidence of character, reputation, or other conduct of the defendant that the Government has investigated. If the defendant’s conversations or premises were subject to electronic surveillance (including wiretapping) in connection with the investigation or prosecution of the case, any transcripts, notes, memos, recordings, or other materials derived from such surveillance.
Any tangible object obtained through a search and seizure, including any information, documents, or other material relating to the acquisition of that object, if the object, information, or document, or material is material to preparing the defense or the Government intends to use that object, information, document, or material in its case-in-chief. Any evidence that a forensic technician, laboratory, or facility involved in the case has been responsible for an unreliable forensic analysis or questionable conviction in the past.
Upon completing the initial disclosure required under subsection (b), the Government shall, not later than 14 days after information of the sort described in subsection
(b)is added to the investigative or case file, disclose the full contents of that additional information, excepting only privileged material or attorney work product, to permit inspection, copying, testing, and photographing of disclosed documents or tangible objects, including the documents or tangible objects described in subsection (b), irrespective of whether the Government intends to rely on such information at trial and irrespective of whether or not the Government considers such information material or exculpatory. Upon written application by the Government, the court may grant a protective order limiting the scope or timing of disclosure required by this section, or limiting the persons to whom such disclosure may be made or disseminated. The application shall be granted only to the extent the Government demonstrates that such disclosure would cause— a particularized and substantial risk of physical harm or intimidation to any person; the release of information that would compromise a significant national security interest; or the violation of privacy rights, protected by Federal law, of a non-law-enforcement witness. If granted, the protective order shall be narrowly tailored to limit the scope, timing or extent of disclosure only to the extent necessary to address the particularized need for delayed, limited or nondisclosure, while protecting the defendant’s right to prepare for trial or sentencing to the extent possible. The written application may be made ex parte so long as the Government provides notice to the defendant of the general nature of the application, and the defendant is given an opportunity to be heard on whether an ex parte application is necessary, whether any protective order is warranted, and the parameters of any protective order. If the application remains sealed, it shall be preserved in the record for appellate review.