An Act to approve with modifications certain proposed amendments to the Federal Rules of Criminal Procedure, to disapprove other such proposed amendments, and for other related purposes.
Public Law 95-78 · H.R. 5864 · 95th Congress · began in the House
Signed by Jimmy Carter (D) on Jul 30, 1977 · Crime and Law Enforcement
Sponsor: Rep. James Mann (D-SC-4)
Cosponsors (6): Rep. Elizabeth Holtzman, Rep. Sam Hall,
Passage votes
- HouseMethod not stated
- SenateMethod not stated
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Provides that the proposed amendments to Rules 6(e), 23, 24, and 41(c)(z) and proposed new Rule 40.1 of the Federal Rules of Criminal Procedure (effective 8/1/77) shall take effect only as provided in this Act.
Amends Rule 6(e) to state that a juror, Government attorney, interpreter, stenographer, recording device operator, or certain other Government personnel may not disclose matters occurring before the grand jury except as otherwise provided in the Rules. Stipulates that a Knowing violation of such Rule may be punished as a contempt of court. Allows disclosure of matters occurring before a grand jury (other than deliberations and votes) to Government personnel who assist attorneys for the Government where their expertise is required. Requires that the names of such personnel be promptly provided to the district court. Permits disclosure as directed by a court preliminarily to or in connection with a judicial proceeding or at the request of the defendant, upon a showing that grounds may exist for dismissing the indictment because of matters occurring before the grand jury.
Approves the proposed amendment to the Rules permitting the parties to stipulate in writing that a verdict may be returned by a jury of less than 12 should the court find it necessary to dismiss a juror after trial commences.
Disapproves the Supreme Court proposed amendment to Rule 24, thus retaining the current number of preemptory challenges to prospective jurors.
Disapproves the new Rule 40.1 proposed by the Supreme Court, thus retaining the present procedure for removal of a criminal case from State to Federal court.
Approves, with modifications, an addition to Rule 41(c) providing for a telephone search warrant procedure where the circumstances make it reasonable to dispense with the requirement of a written affidavit presented in person to a magistrate.
Amends the statute concerning removal of a criminal case from State to Federal court to provide that a petition for removal must be filed no later than 30 days after arraignment in State court or at any time before trial, whichever is earlier. Provides that the filing of such a petition shall not stay the State proceeding, except that a judgment of conviction shall not be entered unless the petition is first denied.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 15 actions.
- Jul 30, 1977Became lawBecame law · Signed by President.
- PresidentPresident · Public Law 95-78.
- Jul 28, 1977PresidentPresident · Measure presented to President.
- PresidentPresident · Measure enrolled in Senate.
- Jul 27, 1977PresidentPresident · Measure enrolled in House.
- Resolving differencesResolving differences · House agreed to Senate amendment.
- Jul 25, 1977FloorFloor · Measure passed Senate, amended.
- FloorFloor · Measure called up by unanimous consent in Senate.
- Jul 20, 1977CommitteeCommittee · Reported by Senate Judiciary Committee
- Apr 20, 1977CommitteeCommittee · Referred to Senate Judiciary Committee
- Apr 19, 1977FloorFloor · Measure passed House, roll call #137 (376-3).House roll call 137
- FloorFloor · Measure called up under motion to suspend rules and pass in House.
- Apr 11, 1977CommitteeCommittee · Reported by House Judiciary Committee
- Mar 31, 1977CommitteeCommittee · Referred to House Judiciary Committee
- IntroducedIntroduced · Introduced in the House
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.