SF 1813

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/25/2025 09:45 a.m.

A bill for an act
relating to public safety; providing guidelines and a process for prosecuting agencies
to follow regarding Brady-Giglio lists; 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 POLICIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Brady-Giglio list" means a list or database compiled by a prosecuting agency
containing the names and details of peace officers whose personnel records contain
Brady-Giglio material.
new text end

new text begin (c) "Brady-Giglio material" includes sustained documented incidents of untruthfulness,
bias against any protected class, criminal convictions, candor issues, or abuse of police
authority.
new text end

new text begin (d) "Peace officer" or "officer" has the meaning given in section 609.487, subdivision
2, clause (2).
new text end

new text begin (e) "Prosecuting agency" or "agency" means a county attorney, assistant county attorney,
city attorney, assistant city attorney, or 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 Prosecuting agency policy required; rights of peace officers. new text end

new text begin (a) A prosecuting
agency that maintains a Brady-Giglio list shall adopt a policy that, at a minimum, includes
the following:
new text end

new text begin (1) the criteria used by the agency to place a peace officer's name on a Brady-Giglio list;
new text end

new text begin (2) the officer's right to receive written notice before the agency places the officer's name
on a Brady-Giglio list, and the officer's right to provide input to the agency before the agency
makes a final determination of whether the officer's name should be placed on the list;
new text end

new text begin (3) the duty of the agency to provide notice to the officer and the officer's employing
agency of the prosecuting agency's final decision regarding placement of the officer's name
on a Brady-Giglio list;
new text end

new text begin (4) the officer's right to make a request for reconsideration of the agency's determination
to include the officer's name on a Brady-Giglio list and to submit supporting and
corroborating documents and evidence in support of the officer's request for reconsideration;
new text end

new text begin (5) the applicable time frame, consistent with Minnesota Rules of Evidence, rule 609(B),
and procedures for notifying the officer of the agency's final decision on an officer's request
for reconsideration; and
new text end

new text begin (6) an employing agency's right to petition the district court for a determination as to
whether a prosecuting agency's policy or determination to place an officer's name on a
Brady-Giglio list is consistent with the employing agency's disclosure obligations pursuant
to Brady-Giglio and its progeny or Minnesota Rules of Criminal Procedure, rule 9.01 or
9.04.
new text end

new text begin The criteria required under clause (1) may not include conduct that is not substantiated
following an investigation, or individual instances of conduct determined to be unintentional
by the chief law enforcement officer of the employing agency following an investigation
into the matter, such as mistake, inadvertence, or neglect.
new text end

new text begin (b) Before an agency places an officer's name on a Brady-Giglio list, the agency shall
send a written notice by mail or email to the officer's current or last known employment
address as well as the employing agency. 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 must include, at a minimum, the following:
new text end

new text begin (1) a notice that the officer's name may be 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 agency relevant to the determination of whether the officer's name should
be placed on a Brady-Giglio list;
new text end

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

new text begin (4) the agency's procedural requirements for an officer to provide input to the agency
prior to the agency's final determination of whether the officer's name should be placed on
a Brady-Giglio list.
new text end

new text begin (c) If the agency makes a determination to place the officer's name on a Brady-Giglio
list, the agency shall send a written notice by mail or email to the officer's current or last
known employment address as well as the employing agency. 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 must include, at a minimum,
the following:
new text end

new text begin (1) the officer's right to make a request to reconsider the allegations and the placement
of the officer's name on a Brady-Giglio list;
new text end

new text begin (2) the agency's procedural requirements for submitting a written request for
reconsideration of the agency's determination to place the officer's name 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; and
new text end

new text begin (3) a statement that if the officer intends to make a request for reconsideration, the officer
shall submit the written request for reconsideration to the agency within ten business days
after receiving the notice.
new text end

new text begin (d) If an officer submits a request for reconsideration and the officer's request is approved
by the agency on its merits, the officer's name shall be removed from the Brady-Giglio list.
If the officer's request for reconsideration is denied by the agency, the officer's name shall
remain on the Brady-Giglio list. If the officer does not submit a request for reconsideration
or fails to comply with the requirements for submitting a request for reconsideration, the
officer's name shall remain on the Brady-Giglio list.
new text end

new text begin (e) By November 1, 2025, an agency shall notify an officer whose name was placed on
a Brady-Giglio list before August 1, 2025, that the officer has the right to request
reconsideration and provide the officer with the information required under paragraph (c).
new text end

new text begin (f) Upon receipt of a notification from an agency pursuant to paragraph (c), an officer
shall have ten days to request reconsideration.
new text end

new text begin (g) Nothing in this section limits or restricts an agency's ability to remove an officer's
name from a Brady-Giglio list if, upon receipt of additional supporting and corroborating
information or a change in factual circumstances at any time, the agency determines that
the officer's name no longer requires placement on a Brady-Giglio list.
new text end

new text begin (h) An officer may petition the district court for a determination as to whether an agency's
determination to place the officer's name on a Brady-Giglio list is consistent with the agency's
disclosure obligations pursuant to Brady-Giglio and its progeny or Minnesota Rules of
Criminal Procedure, rule 9.01 or 9.04.
new text end

new text begin (i) A judicial determination that the officer's conduct does or does not meet the disclosure
requirements pursuant to Brady-Giglio shall be the governing determination related to that
conduct.
new text end

new text begin (j) The officer and the officer's employing agency have the right to receive written notice
from an agency and the judicial officer when the peace officer's credibility has been discussed
in a judicial order. Notification to the officer and the officer's employing agency shall be
made within ten days of the issuance of the court ruling.
new text end

new text begin Subd. 3. new text end

new text begin Data disclosure and protection. new text end

new text begin (a) A prosecuting agency shall not release to
the public a peace officer's personnel file, medical records, or any statement, recording,
transcript, or complaint unless otherwise provided by law. Nothing in this paragraph 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 (b) An agency may enter into agreement with an employing agency of any officer to
review a summary of nonpublic complaint data for determining Brady-Giglio disclosure.
new text end

new text begin Subd. 4. new text end

new text begin Prosecuting agency and employing agency coordination. new text end

new text begin A prosecuting
agency shall meet at least once annually with the chief law enforcement officers in their
jurisdiction to review the agency's Brady-Giglio policy and evaluate the disclosure process
of Brady-Giglio information within the agency's jurisdiction.
new text end

new text begin Subd. 5. new text end

new text begin Duty to disclose. new text end

new text begin Nothing in this section modifies the independent duty of the
prosecuting agency to disclose information or material that may be used to impeach the
credibility of a prosecution witness as required pursuant to Brady-Giglio and its progeny
regardless of whether the witness is or is not on a Brady-Giglio list.
new text end