Grand jury reforms

(a) In general Rule 6 of the Federal Rules of Criminal Procedure is amended by adding at the end the following: (j) Presentation of exculpatory information If the government is aware of exculpatory evidence, the government shall inform the grand jury of its nature and existence. (k) Presentation of impeachment information The government shall inform the grand jury of any statement, report, communication, or recording in the possession of the government made by, or including, a witness who testified before the grand jury that may impeach the credibility of the testimony of the witness.. (b) Discovery and inspection Rule 16(a)(1) of the Federal Rules of Criminal Procedure is amended— (1) by redesignating subparagraph (G) as subparagraph (H); and (2) by inserting after subparagraph (F) the following: (G) Grand jury vote tally Upon a defendant’s request, the government must furnish the defendant with the number of grand jurors who voted to indict on each count and the number of grand jurors present for the vote.. (c) Dismissal Rule 48 of the Federal Rules of Criminal Procedure is amended by adding at the end the following: (c) For political reasons (1) In general Upon a motion by the defendant alleging that substantial grounds exist to believe that the political or policy associations, activities, or beliefs of the defendant were considered in bringing the prosecution or that the prosecution was sought in order to influence or change, in any way, the political or policy association, activities, or beliefs of the defendant and requesting dismissal of all or part of the indictment and inspection of grand jury minutes, the judge shall review the grand jury minutes in camera, including whether— (A) the government provided the grand jury with sufficient evidence to prove by probable cause that the defendant committed each element of the crime; (B) the evidence presented to the grand jury was without impermissible reference to the political or policy associations, activities, or beliefs of the defendant; (C) the government informed the grand jury of the nature and existence of all exculpatory evidence of which the government was aware; and (D) the government informed the grand jury of any statement, report, communication, or recording in the possession of the government made by a witness who testified before the grand jury that may impeach the credibility of the grand jury testimony of the witness. (2) Dismissal of all or part of the indictment (A) Determination If the court determines that evidence presented to the grand jury impermissibly related to the political or policy associations, activities or beliefs of the defendant, or that the evidence was not sufficient to prove probable cause for each element of the offense, the court shall dismiss all or part of the indictment, as applicable. (B) Re-presentation If the court dismisses all or part of an indictment under this paragraph, the government may re-present a case to a different grand jury only if the government first files a motion providing, and the court first finds, substantial grounds to believe that the political or policy associations, activities, or beliefs of the target were not considered in bringing the prosecution and that the prosecution is not being sought in order to influence or change, in any way, the political or policy association, activities, or beliefs of the defendant..