HF 962

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/22/2026 04:10 p.m.

A bill for an act
relating to public safety; providing for the sharing of and protection of certain data
accessed by a prosecuting authority; providing criminal penalties; proposing coding
for new law in Minnesota Statutes, chapter 634.

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

Section 1.

new text begin [634.046] PROTECTION OF PERSONNEL DATA ACCESSED BY A
PROSECUTING AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Brady-Giglio material" as used in this section 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 in subdivision 2, to be potentially exculpatory or impeaching, or both.
new text end

new text begin (c) "Criminal action" means any petty misdemeanor, misdemeanor, gross misdemeanor,
felony, or delinquency proceedings.
new text end

new text begin (d) "Not public data or information" as used in this section has the same definition as
"not public data" in section 13.02, subdivision 8a.
new text end

new text begin (e) "Peace officer" or "officer" has the meaning given in section 626.88, subdivision 1,
paragraph (b).
new text end

new text begin (f) "Personnel data" has the meaning given in section 13.43, subdivision 1.
new text end

new text begin (g) "Private data or information" as used in this section has the same definition as "private
data" in section 13.02, subdivision 12.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Contents of prosecuting authority policy. new text end

new text begin (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.
new text end

new text begin (b) All policies under this section must state goals and contain objectives and procedures
to address the following matters:
new text end

new text begin (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;
new text end

new text begin (2) the requirement of the prosecuting authority to retain the Brady-Giglio material in
a secured, limited-access environment that is only accessible to designated personnel;
new text end

new text begin (3) the requirement of the prosecuting authority to designate and identify responsible
attorney personnel to oversee and administer their shared obligations under the policy;
new text end

new text begin (4) 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;
new text end

new text begin (5) procedures for the prosecuting authority to notify the public employer and the subject
of the data of the following:
new text end

new text begin (i) when the prosecuting authority requests personnel data;
new text end

new text begin (ii) when the prosecuting authority has determined it will retain an individual's data,
including any not public data, for Brady-Giglio purposes;
new text end

new text begin (iii) when the prosecuting authority receives a court order that, in its discretion, may
trigger disclosure obligations in future cases under Brady-Giglio; and
new text end

new text begin (iv) when the prosecuting authority discloses Brady-Giglio material to a defendant in a
criminal action handled by the prosecuting authority, provided that the public employee
made a written request to receive the notice;
new text end

new text begin (6) 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;
new text end

new text begin (7) procedures for protecting retained personnel data for Brady-Giglio purposes from
public disclosure or any improper use outside of a criminal action where that data may be
disclosed or relevant; and
new text end

new text begin (8) 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.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition on do not call. new text end

new text begin Except where 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 agency has not called a public employee in any proceedings does not constitute
or create the presumption of the existence of a blanket prohibition list.
new text end

new text begin Subd. 4. new text end

new text begin Data access. new text end

new text begin (a) Pursuant to the provision in section 13.05, subdivision 9, a
public employer shall allow any prosecuting authority with a written policy under this
section to have limited access to personnel data, including private and not public data,
maintained by the public employer that could contain data that may be favorable to a
defendant or impeaching of a witness. The public employer shall allow the access under
this subdivision when the prosecuting authority communicates that:
new text end

new text begin (1) the subject of the personnel data is a current or former public employee of that
employer;
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new text begin (2) the subject of the personnel data is or could reasonably be a witness in a current or
future criminal action; and
new text end

new text begin (3) the prosecuting authority seeks the information for the sole purpose of complying
with its professional obligations pursuant to Brady-Giglio and related legal authorities.
new text end

new text begin (b) Nothing in this section prevents a public employer from objecting in good faith to
the nature or scope of data or information that a prosecuting authority requests to access in
order to fulfill its Brady-Giglio obligation. The objection may be resolved by an agreement
between the public employer and prosecuting authority that shall incorporate the protections
and penalties of this section, or by an in camera action before the district court pursuant to
a motion, complaint for declaratory relief, or appropriate petition for a writ. The scope of
the court's review in the matter shall be limited to: (1) whether the prosecuting authority's
policy complies with subdivision 2; and (2) whether the public employer's objection relates
to data that may be favorable to a defendant or the impeaching of a witness.
new text end

new text begin Subd. 5. new text end

new text begin Restrictions on data. new text end

new text begin (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.
new text end

new text begin (b) A prosecuting authority shall retain only Brady-Giglio material for purposes of
fulfilling constitutional obligations in future criminal proceedings. If a prosecuting authority
reasonably determines that certain Brady-Giglio material is no longer relevant in any future
criminal proceeding due to changes in circumstances, the prosecuting authority shall destroy
the material. If a prosecuting authority receives data that is not Brady-Giglio material,
including but not limited to personal information as defined in section 609.5151, the
prosecuting authority shall redact or destroy the non-Brady-Giglio data and notify the public
employer of the redaction or destruction of the non-Brady-Giglio data.
new text end

new text begin (c) A prosecuting authority shall disclose Brady-Giglio material received from a public
employer to the court or a party in a criminal action as required under applicable law or
court order. A prosecuting authority may disclose such data to the current or former employee
who is the subject of the data; to a law enforcement agency in response to an inquiry under
Minnesota Rules, part 6700.0670, subpart 2, item A, subitem (13); or to another prosecuting
authority that is in compliance with the requirements of subdivision 2. A prosecuting authority
shall not disclose such data to any other person. Nothing in this section requires the disclosure
of attorney work product related to Brady-Giglio material.
new text end

new text begin (d) 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.
new text end

new text begin (e) 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.
new text end

new text begin (f) If a prosecuting authority requests Brady-Giglio material that is private data or not
public data under this section, the public employer shall promptly notify the subject of the
data of the request.
new text end

new text begin Subd. 6. new text end

new text begin Penalty for failing to protect Brady-Giglio material. new text end

new text begin 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 subdivision 5, paragraph (e), are guilty of a
misdemeanor.
new text end

new text begin Subd. 7. new text end

new text begin Judicial notice to public employer and prosecuting authority. new text end

new text begin 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.
new text end

new text begin Subd. 8. new text end

new text begin Compliance with other laws. new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2027. Nothing in this section
limits a prosecuting authority's ability to adopt a policy regarding updating Brady-Giglio
material or reconsidering a Brady-Giglio determination prior to the effective date.
new text end