text: SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS.
  
      (a) Amendments to Title 18.--Section 3144 of title 18, United 
  States Code, is amended to read as follows:
  ``Sec. 3144. Release or detention of a material witness
      ``(a) Arrest of Material Witness.--
              ``(1) In general.--A judicial officer may order the arrest 
          of a person as a material witness, if it appears from an 
          affidavit filed by a party in a criminal case before a court of 
          the United States, or by an attorney for the Government in a 
          matter occurring before a Federal grand jury, that there is 
          probable cause to believe that--
                      ``(A) the testimony of such person is material in 
                  such case or matter; and
                      ``(B) the person has been served with a summons or 
                  subpoena and failed or refused to appear as required.
              ``(2) Exception.--A judicial officer may waive the summons 
          or subpoena requirement described in paragraph (1)(B), if the 
          judicial officer finds by clear and convincing evidence that 
          the service of a summons or subpoena--
                      ``(A) is likely to result in the person fleeing; or
                      ``(B) cannot adequately secure the appearance of 
                  the person as required.
      ``(b) Warrant for Material Witness.--
              ``(1) Requirements.--A warrant issued under subsection (a) 
          shall--
                      ``(A) contain the name of the material witness or, 
                  if the name of such witness is unknown, a name or 
                  description by which the witness can be identified with 
                  reasonable certainty;
                      ``(B) specify that the testimony of the witness is 
                  sought in a criminal case or grand jury proceeding;
                      ``(C) command that the witness be arrested and 
                  brought without unnecessary delay before a judicial 
                  officer;
                      ``(D) inform the witness of the witness's right to 
                  retain counsel or to request that counsel be appointed 
                  if the witness cannot obtain counsel; and
                      ``(E) be signed by a judicial officer.
              ``(2) Execution of warrant.--
                      ``(A) Arrest of witness.--A warrant issued under 
                  subsection (a) shall be executed by arresting the 
                  material witness.
                      ``(B) Warrant to be provided to witness.--
                              ``(i) In general.--Upon arrest, an officer 
                          possessing the warrant shall show such warrant 
                          to the material witness.
                              ``(ii) Warrant not in possession of 
                          arresting officer.--If an officer does not 
                          possess the warrant at the time of arrest of a 
                          material witness, an officer--
                                      ``(I) shall inform the witness of 
                                  the existence and purpose of the 
                                  warrant; and
                                      ``(II) at the request of the 
                                  witness, shall provide the warrant to 
                                  the witness as soon as possible.
              ``(3) Return of warrant.--
                      ``(A) After execution.--After executing a warrant 
                  issued under subsection (a), an officer shall return 
                  the warrant to the judicial officer before whom the 
                  material witness is brought in accordance with 
                  subsection (c).
                      ``(B) Unexecuted warrant.--At the request of an 
                  attorney for the United States Government, an 
                  unexecuted warrant shall be brought back to and 
                  canceled by a judicial officer.
      ``(c) Initial Appearance.--
              ``(1) Appearance upon arrest.--A material witness arrested 
          pursuant to a warrant issued under subsection (a) shall be 
          brought without unnecessary delay before a judicial officer.
              ``(2) Place of initial appearance.--The initial appearance 
          of a material witness arrested pursuant to a warrant issued 
          under subsection (a) shall be--
                      ``(A) in the district of arrest; or
                      ``(B) in an adjacent district if--
                              ``(i) the appearance can occur more 
                          promptly there; or
                              ``(ii) the warrant was issued there and the 
                          initial appearance will occur on the day of the 
                          arrest.
              ``(3) Procedures.--At the initial appearance described in 
          paragraph (2), a judicial officer shall--
                      ``(A) inform a material witness of--
                              ``(i) the warrant against the witness, and 
                          the application and affidavit filed in support 
                          of the warrant; and
                              ``(ii) the witness's right to retain 
                          counsel or to request that counsel be appointed 
                          if the witness cannot obtain counsel;
                      ``(B) allow the witness a reasonable opportunity to 
                  consult with counsel;
                      ``(C) release or detain the witness as provided by 
                  subsection (d); and
                      ``(D) if the initial appearance occurs in a 
                  district other than where the warrant issued, transfer 
                  the witness to such district, provided that the 
                  judicial officer finds that the witness is the same 
                  person named in the warrant.
      ``(d) Release or Detention.--
              ``(1) In general.--Upon the appearance before a judicial 
          officer of a material witness arrested pursuant to a warrant 
          issued under subsection (a), the judicial officer shall order 
          the release or detention of such witness.
              ``(2) Release.--
                      ``(A) In general.--A judicial officer shall order 
                  the release of a material witness arrested pursuant to 
                  a warrant issued under subsection (a) on personal 
                  recognizance or upon execution of an unsecured 
                  appearance bond under section 3142(b), or on a 
                  condition or combination of conditions under section 
                  3142(c), unless the judicial officer determines by 
                  clear and convincing evidence that such release will 
                  not reasonably assure the appearance of the witness as 
                  required.
                      ``(B) Testimony secured by deposition.--No material 
                  witness may be detained because of the inability of the 
                  witness to comply with any condition of release if the 
                  testimony of such witness can adequately be secured by 
                  deposition.
              ``(3) Detention.--
                      ``(A) No reasonable assurance of appearance.--If, 
                  after a hearing pursuant to the provisions of section 
                  3142(f)(2), a judicial officer finds by clear and 
                  convincing evidence that no condition or combination of 
                  conditions will reasonably assure the appearance of a 
                  material witness as required by this section, such 
                  judicial officer may order that the witness be detained 
                  for a period not to exceed 5 days, or until the 
                  testimony of the witness can adequately be secured by 
                  deposition or by appearance before the court or grand 
                  jury, whichever is earlier.
                      ``(B) Extension of detention.--
                              ``(i) In general.--Subject to clause (ii), 
                          upon the motion of a party (or an attorney for 
                          the United States Government in a matter 
                          occurring before a Federal grand jury), the 
                          period of detention under subparagraph (A) may 
                          be extended for additional periods of up to 5 
                          days, or until the testimony of a material 
                          witness can adequately be secured by deposition 
                          or by appearance before the court or grand 
                          jury, whichever is earlier.
                              ``(ii) Limit.--The total period of 
                          detention under this subparagraph may not 
                          exceed--
                                      ``(I) 30 days, where the testimony 
                                  of the witness is sought in a criminal 
                                  case; or
                                      ``(II) 10 days, where the testimony 
                                  of the witness is sought in a grand 
                                  jury proceeding.
                      ``(C) Good cause required.--A motion under 
                  subparagraph (B) shall demonstrate good cause for why 
                  the testimony of a material witness could not 
                  adequately be secured by deposition or by appearance 
                  before the court or grand jury during the previous 5-
                  day period.
              ``(4) Factors to be considered.--A judicial officer, in 
          determining whether a material witness should be released or 
          detained--
                      ``(A) shall take into account the available 
                  information concerning the history and characteristics 
                  of the witness, including the information described in 
                  section 3142(g)(3)(A); and
                      ``(B) may consider challenges to the basis of the 
                  warrant.
              ``(5) Contents of release order.--A release order issued 
          under paragraph (2) shall comply with the requirements of 
          paragraphs (1) and (2)(B) of section 3142(h).
              ``(6) Contents of detention order.--A detention order 
          issued under paragraph (3) shall comply with the requirements 
          of section 3142(i), provided that a judicial officer shall 
          direct that a material witness be held--
                      ``(A) in a facility separate and apart, to the 
                  extent practicable, from persons charged with or 
                  convicted of a criminal offense; and
                      ``(B) under the least restrictive conditions 
                  possible.
      ``(e) Report.--
              ``(1) In general.--Notwithstanding any other provision of 
          law, the Attorney General shall provide to the Committees on 
          the Judiciary of the Senate and the House of Representatives an 
          annual report regarding the use of this section by the United 
          States Government during the preceding 1-year period.
              ``(2) Content of report.--A report required under paragraph 
          (1) shall include--
                      ``(A) the number of warrants sought under 
                  subsection (a), and the number either granted or 
                  denied;
                      ``(B) the number of material witnesses arrested 
                  pursuant to a warrant issued under subsection (a) whose 
                  testimony was not secured by deposition or by 
                  appearance before the court or grand jury, and the 
                  reasons therefore; and
                      ``(C) the average number of days that material 
                  witnesses arrested pursuant to a warrant issued under 
                  subsection (a) were detained.''.
      (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of 
  the Federal Rules of Criminal Procedure is amended to read as follows:
      ``(h) Supervising Detention Pending Trial.--To eliminate 
  unnecessary detention, the court must supervise the detention within 
  the district of any defendants awaiting trial and of any persons held 
  as material witnesses.''.
target: Rewrites provisions of the federal criminal code regarding material witnesses.
  
   Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear; and (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured.
  
  Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel.
  
  Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel; (2) allow the witness a reasonable opportunity to consult with counsel; and (3) release or detain the witness (authorizes detention where release will not reasonably assure the witness's appearance, but only if the testimony cannot adequately be secured by deposition). Limits the detention period.
  
  Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible; and (2) the Attorney General to report annually to the House and Senate Judiciary Committees.
feat_title: A bill to amend the material witness statute to strengthen procedural safeguards, and for other purposes.