HF 3890

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 09:35am

A bill for an act
relating to public safety; providing for a Brady-Giglio designation for peace
officers; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

new text begin [626.893] BRADY-GIGLIO.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Brady-Giglio designation" means a designation made or list
compiled by a prosecuting agency containing the names and details of peace officers who
have sustained incidents of untruthfulness, criminal convictions, candor issues, or other
issue that places the officer's credibility into question.
new text end

new text begin Subd. 2. new text end

new text begin Confidential employment data. new text end

new text begin The employing state or local law enforcement
agency shall keep a peace officer's statement, recordings, or transcripts of any interviews
or disciplinary proceedings, and any complaints made against a peace officer confidential
unless otherwise provided by law or with the officer's written consent. Nothing in this section
prohibits the release of an officer's statement, recordings, or transcripts of any interviews
or disciplinary proceedings and any complaints made against an officer to the officer or the
officer's legal counsel upon the officer's request.
new text end

new text begin Subd. 3. new text end

new text begin Employee data request. new text end

new text begin Upon written request, the employing state or local
law enforcement agency shall provide to the requesting peace officer or the officer's legal
counsel a copy of the officer's personnel file and training records regardless of whether the
officer is subject to a formal administrative investigation at the time of the request.
new text end

new text begin Subd. 4. new text end

new text begin Officer discharge. new text end

new text begin (a) A peace officer shall not be discharged, disciplined, or
threatened with discharge or discipline by a state or local law enforcement agency solely
due to a prosecuting agency making a determination or disclosure that exculpatory evidence
exists concerning the officer.
new text end

new text begin (b) This subdivision does not prohibit a law enforcement agency from investigating an
officer based on the underlying actions that resulted in the exculpatory evidence being
withheld. If a collective bargaining agreement applies, the actions taken by the law
enforcement agency shall conform to the rules and procedures adopted by the collective
bargaining agreement.
new text end

new text begin Subd. 5. new text end

new text begin Prosecuting agency policy. new text end

new text begin (a) A prosecuting agency that has made a
Brady-Giglio designation shall adopt a policy that, at a minimum, includes:
new text end

new text begin (1) the criteria used by the prosecuting agency to designate a peace officer as Brady-Giglio
impaired or otherwise place an officer on a Brady-Giglio list;
new text end

new text begin (2) the officer's right to receive written notice before the prosecuting agency designates
an officer as Brady-Giglio impaired or otherwise places an officer on a Brady-Giglio list,
and the officer's right to provide input and evidence, if any, to the prosecuting agency before
the prosecuting agency makes a determination of whether the officer should be designated
as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list;
new text end

new text begin (3) the duty of the prosecuting agency to provide notice of the prosecuting agency's
decision regarding a designation of an officer as Brady-Giglio impaired or placement of the
officer on a Brady-Giglio list;
new text end

new text begin (4) the officer's right to request reconsideration of the prosecuting agency's determination
to designate an officer as Brady-Giglio impaired or otherwise include the officer on a
Brady-Giglio list and to submit supporting and corroborating documentation and evidence
in support of the officer's request for reconsideration; and
new text end

new text begin (5) the applicable time frame and procedures for notifying the officer of the prosecuting
agency's final decision on an officer's request for reconsideration.
new text end

new text begin (b) Before a prosecuting agency designates an officer as Brady-Giglio impaired or
otherwise places an officer on a Brady-Giglio list, the prosecuting agency shall send a
written notice by United States mail or email to the officer's current or last known
employment address. Upon receipt of the notice, and if the officer's contact information is
known, the officer's current or last known employer shall provide the written notice to the
officer. The written notice shall include, at a minimum:
new text end

new text begin (1) that the officer's name may be designated as Brady-Giglio impaired or otherwise
placed on a Brady-Giglio list;
new text end

new text begin (2) the officer's right to request documents, records, and any other evidence in the
possession of the prosecuting agency relevant to the determination of whether the officer
should be designated as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list
by the prosecuting agency;
new text end

new text begin (3) the officer's right to provide input to the prosecuting agency prior to the prosecuting
agency's determination of whether to designate the officer as Brady-Giglio impaired or
whether the officer should be placed on a Brady-Giglio list; and
new text end

new text begin (4) the prosecuting agency's procedural requirements for an officer to provide input and
evidence, if any, to the prosecuting agency prior to the prosecuting agency's determination
of whether to designate the officer as Brady-Giglio impaired or whether the officer should
be placed on a Brady-Giglio list.
new text end

new text begin (c) If the prosecuting agency designates the officer as Brady-Giglio impaired or otherwise
places the officer on a Brady-Giglio list, the prosecuting agency shall send a written notice
by United States mail or email to the officer's current or last known employment address.
Upon receipt of the notice, and if the officer's contact information is known, the officer's
current or last known employer shall provide the written notice to the officer. The written
notice shall include, at a minimum:
new text end

new text begin (1) the officer's right to request reconsideration of the allegations and the designation
of the officer as Brady-Giglio impaired or the placement of the officer on a Brady-Giglio
list;
new text end

new text begin (2) the prosecuting agency's procedural requirements for submitting a written request
for reconsideration of the prosecuting agency's determination that an officer is Brady-Giglio
impaired to place the officer on a Brady-Giglio list, including the method and time frame
for submitting the request for reconsideration and any supporting and corroborating
documents and evidence from any pertinent sources that may be submitted and considered;
and
new text end

new text begin (3) a statement that, if the officer intends to request reconsideration, the officer must
submit the written request for reconsideration and any supporting documentation to the
prosecuting agency within ten business days after receiving the notice from the prosecuting
agency.
new text end

new text begin (d) If an officer submits a request for reconsideration pursuant to this subdivision and
the officer's request for reconsideration is approved by the prosecuting agency on its merits,
the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall be
removed. If the officer's request for reconsideration is denied by the prosecuting agency,
the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall
remain.
new text end

new text begin (e) An officer who was designated as Brady-Giglio impaired or who was otherwise
placed on a Brady-Giglio list before the effective date of this section shall have the right to
request reconsideration of that designation or placement as follows:
new text end

new text begin (1) a prosecuting agency shall notify the officer within 90 days of the effective date of
this section and shall provide the officer with the information required in this section; and
new text end

new text begin (2) upon receipt of a notification from a prosecuting agency pursuant to clause (1), an
officer shall have ten days to request reconsideration as provided in this subdivision.
new text end

new text begin (f) This subdivision does not limit the duty of a prosecuting agency to produce
Brady-Giglio discovery evidence in all cases as required by the United States Constitution,
the Minnesota Constitution, and the Rules of Criminal Procedure upon completion of the
process and procedure under this section.
new text end

new text begin (g) This subdivision does not limit or restrict a prosecuting agency's right to remove a
designation that an officer is Brady-Giglio impaired or placement of an officer from a
Brady-Giglio list if, upon receipt of additional supporting and corroborating information or
a change in factual circumstances at any time, the prosecuting agency determines that the
Brady-Giglio designation or placement of an officer on a Brady-Giglio list is no longer
appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Release of information. new text end

new text begin A prosecuting agency shall keep confidential and shall
not release to the public an officer's personnel file, medical records, or any statement,
recording, transcript, or complaint unless otherwise provided by law or with the officer's
written consent. Nothing in this subdivision shall be construed to prohibit the release of
records to the officer or the officer's legal counsel as required under this section upon the
request of the officer or the officer's legal counsel or as otherwise provided by law or court
order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end