HF 962
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/09/2026 03:58 p.m.
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A bill for an act
relating to public safety; providing for protection of certain data accessed by a
prosecuting authority; proposing coding for new law in Minnesota Statutes, chapter
634.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[634.046] PROTECTION OF PERSONNEL DATA ACCESSED BY A
PROSECUTING AUTHORITY.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms have
the meanings given in this subdivision.
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(b) "Brady-Giglio material" means all data about a public employee witness that has
been determined by a prosecuting authority, according to law and pursuant to the policy
required under subdivision 2, to be potentially exculpatory and/or impeaching.
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(c) "Criminal action" means any petty misdemeanor, misdemeanor, gross misdemeanor,
felony, or delinquency proceedings.
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(d) "Not public data" has the meaning given in section 13.02, subdivision 8a.
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(e) "Peace officer" or "officer" has the meaning given in section 626.88, subdivision 1,
paragraph (b).
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(f) "Personnel data" has the meaning given in section 13.43, subdivision 1.
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(g) "Private data" has the meaning given in section 13.02, subdivision 12.
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(h) "Prosecuting authority" or "authority" means the public official and their designees
responsible for initiating and conducting criminal prosecutions, including the Minnesota
Attorney General's Office, each county attorney's office, and each principal city attorney,
including any attorney contracted for the prosecution of criminal offenses for a city or
municipality.
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new text begin Subd. 2. new text end
new text begin Contents of prosecuting authority policy. new text end
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(a) All prosecuting authorities in
Minnesota shall implement a written policy to guide the process of seeking and reviewing
personnel data, and disclosing personnel data if determined to be Brady-Giglio material in
all criminal actions in Minnesota.
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(b) A policy under this section must state goals and contain objectives and procedures
to address the following matters:
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(1) the methodology, according to law, used by the prosecuting authority to determine
whether personnel data will be considered Brady-Giglio material and retained by the
prosecuting authority;
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(2) the requirement of the prosecuting authority to designate and identify responsible
attorney personnel to oversee and administer shared obligations under the policy;
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(3) procedures for a public employer, including a law enforcement authority, to notify
the prosecuting authority of conduct by a public employee that could meet the definition of
Brady-Giglio material;
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(4) procedures for the prosecuting authority to notify the public employer and the subject
of the data of the following:
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(i) when the prosecuting authority subpoenas or requests personnel data or files a motion
in court to seek the production of personnel data for in camera review;
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(ii) when the prosecuting authority has determined it will retain an individual's data,
including any not public data, for Brady-Giglio purposes; and
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(iii) after receiving a court order in a criminal action handled by the prosecuting authority
that makes a determination that a public employee's conduct may need to be disclosed in
future cases under Brady-Giglio;
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(5) procedures for the prosecuting authority to receive supplemental data or information
from the public employer or the subject of the data for the purpose of updating Brady-Giglio
material or requesting that the prosecuting authority reconsider its Brady-Giglio
determination, including reasonable time frames;
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(6) procedures for protecting retained personnel data for Brady-Giglio purposes from
public disclosure or any improper use outside of the criminal action where that data may
be disclosed or relevant; and
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(7) procedures for educating law enforcement agencies and other public employers about
the contents and requirements of the policy and their roles in assisting with the policy's
implementation.
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new text begin Subd. 3. new text end
new text begin Prohibition on do not call. new text end
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Except as otherwise authorized or required by law,
a prosecuting authority's disclosure of Brady-Giglio information must be on a case-by-case
basis when the prosecuting authority has determined that the information about a testifying
witness could be material. A prosecuting authority may not create or establish a blanket do
not use or do not call list, status, or designation for public employees because that
determination must be case specific. "Do not call" or "do not use" for purposes of this section
means a predetermined, generic policy or decision by a prosecuting authority that a public
employee witness will never be called to testify in any proceeding. The fact that a prosecuting
authority has not called a public employee in any proceedings does not constitute or create
the presumption of the existence of a blanket prohibition list.
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new text begin Subd. 4. new text end
new text begin Restrictions on data. new text end
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(a) Subject to the limitations of the Minnesota Government
Data Practices Act, any personnel data designated as Brady-Giglio material and disclosed
in a criminal action by any agency or government entity under this section or pursuant to
any court order shall maintain its original data classification.
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(b) Notwithstanding any law to the contrary, a prosecuting authority shall not disclose
to any person any data that is received from a government entity and is on a current or
former employee of that entity; provided, however, that the prosecuting authority shall
disclose such data to the court or any party in a case as required under applicable law. The
prosecuting authority may disclose such data: (1) to the current or former employee who is
the subject of the data; (2) in response to an inquiry under Minnesota Rules, part 6700.0670,
subpart 2, item A, subitem (13); or (3) to another prosecuting authority that is in compliance
with the requirements of subdivision 2.
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(c) The district court shall make appropriate safeguards to protect personnel data and
classified data designated as Brady-Giglio material when disclosure is necessary to pro se
parties representing themselves as defendants in any criminal action. The district court may
appoint standby legal counsel to handle any Brady-Giglio material that must be disclosed
in a criminal action to a pro se party.
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(d) The district court may issue protective orders restricting the disclosure and use of
personnel data provided to the defendant pursuant to this section upon the request of a
prosecuting authority.
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(e) Recipients of Brady-Giglio material in a criminal action marked by the prosecuting
authority or the court as originating from a public employee's personnel file shall protect
that data from further disclosure outside of the criminal action. Recipients of this data who
fail to abide by this subdivision or a protective order issued under paragraph (d) are
punishable by a misdemeanor.
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new text begin Subd. 5. new text end
new text begin Judicial notice to public employer and prosecuting authority. new text end
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If a court
finds that a public employee, including a peace officer, who testifies at a hearing or submits
other testimonial evidence, has been untruthful, the district court shall provide notice to the
public employer, employee, and the local prosecuting authority, as well as the parties in the
applicable case.
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new text begin Subd. 6. new text end
new text begin Compliance with other laws. new text end
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The provisions of this section shall not be
construed in any way, manner, or form to restrict prosecutors or judges from fulfilling their
constitutional, professional, and ethical obligations.
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