Page:United States Statutes at Large Volume 84 Part 1.djvu/993

 84 STAT. ]

PUBLIC LAW 91-452-OCT. 15, 1970

935

a waiver of any objection to the taking and use of the dej^osition based upon its being so taken. "(e) The Government shall make available to the defendant for witne*s\Ts"'av°.n. his examination and use at the taking of the deposition any statement abinty. of the witness being deposed which is in the possession of the Government and which the Government would be required to make available to the defendant if the witness were testifying at the trial. "(f) A t the trial or upon any hearing, a part or all of a deposition, Depositions, so far as otherwise admissible under the rules of evidence, may be used ''°"'^"^°"^ ^°' '^^*if it appears: That the witness is dead; or that the witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; or that the witness is unable to attend or testify because of sickness or infirmity; or that the witness refuses in the trial or hearing to testify concerning the subject of the deposition or part offered; or that the party offering the deposition has been unable to procure the attendance of the witness by subpena. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts. " (g) Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions." (b) The analysis of chapter 223, title 18, United States Code, is amended by adding at the end thereof the following new item: ".3-503. Depositions to preserve testimony."

TITLE VII — L I T I G A T I O N CONCERNINCJ S O U R C E S O F EVIDENCE PART A—SPECIAL FINDINGS

SEC. 701. The Congress finds that claims that evidence offered in proceedings was obtained by the exploitation of unlawful acts, and IS therefore inadmissible in evidence, (1) often cannot reliably be determined when such claims concern evidence of events occurring years after the allegedly unlawful act, and (2) when the allegedly unlawful act has occurred more than five years prior to the event in question, there is virtually no likelihood that the evidence offered to prove the event has been obtained by the exploitation of that allegedly unlawful act. PART B—^LITIGATION CONCERNING SOURCES OF EVIDENCE

SEC. 702. (a) Chapter 223, title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 3504. Litigation concerning sources of evidence " (a) I n any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States— "(1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act; "(2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful 47-348 O - 72 - 63 (Pt. 1)

^"'«' P- 934.

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