HF 4500

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 02:33pm

A bill for an act
relating to public safety; excluding peace officers from discipline for inclusion on
Brady-Giglio lists; establishing a task force to examine Brady-Giglio lists; requiring
a report; amending Minnesota Statutes 2020, section 626.89, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 626.89, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Peace officer disclosure. new text end

new text begin (a) A peace officer may not be discharged,
disciplined, or threatened with discharge or discipline by a state, county, or municipal law
enforcement agency based upon a prosecutor's determination that the officer failed to identify
or make exculpatory evidence available to the appropriate party in an ongoing prosecution
or because the peace officer is included on a Brady-Giglio list.
new text end

new text begin (b) For the purposes of this subdivision, a "Brady-Giglio list" means a designation of
peace officers whom a prosecutor deems to be Brady-impaired, including peace officers
who may not have disclosed all impeachment information or who may have violated any
pretrial discovery rule requiring peace officers to make available all evidence that might be
used to exonerate a defendant in an ongoing prosecution.
new text end

Sec. 2. new text begin TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The commissioner of public safety
must establish a task force to examine peace officer inclusion on a Brady-Giglio list and
the use of that list.
new text end

new text begin (b) The task force consists of the following members:
new text end

new text begin (1) the attorney general or a designee;
new text end

new text begin (2) a district court judge appointed by the supreme court; and
new text end

new text begin (3) a representative appointed by each of the following:
new text end

new text begin (i) the Minnesota Sheriffs' Association;
new text end

new text begin (ii) the Minnesota Chiefs of Police Association;
new text end

new text begin (iii) the Minnesota Police and Peace Officers Association;
new text end

new text begin (iv) Law Enforcement Labor Services, Inc.;
new text end

new text begin (v) the Hennepin County Sheriff's Deputies Association;
new text end

new text begin (vi) the St. Paul Police Federation;
new text end

new text begin (vii) the Minnesota State Patrol Troopers Association; and
new text end

new text begin (viii) the Minnesota County Attorneys Association.
new text end

new text begin (c) Members of the task force serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of public safety shall convene the first meeting of the task force
no later than August 1, 2022, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the duties identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The task force shall examine and make recommendations on:
new text end

new text begin (1) the issue of disclosing peace officer personnel file information related to a
Brady-Giglio matter;
new text end

new text begin (2) the advisability of implementing a statewide system regulating Brady-Giglio lists or
designations;
new text end

new text begin (3) identifying impartial entities to conduct investigations pertaining to a peace officer's
Brady-Giglio conduct; and
new text end

new text begin (4) appropriate procedures, due process protections, appeal rights, and criteria for the
placement or removal of a peace officer's name on or from a Brady-Giglio list or designation.
new text end

new text begin (b) The task force may receive and consider information from other organizations or
individuals relevant to the purpose of the task force and may make relevant recommendations
in addition to those identified under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin On or before December 1, 2022, the task force shall report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety on the work of the task force. The report shall include at a minimum its
findings and recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 4.
new text end