SF 2838

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/21/2025 10:46 a.m.

A bill for an act
relating to public safety; requiring disclosure of personnel data on peace officers
and other potential government witnesses to a prosecuting authority to comply
with the authority's constitutional disclosure obligations; providing for a
Brady-Giglio designation for peace officers; establishing a task force to examine
Brady-Giglio lists; requiring a report; amending Minnesota Statutes 2024, sections
13.03, subdivision 6; 13.43, by adding a subdivision; 626.8457, subdivisions 3,
5; proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:

Subd. 6.

Discoverability of not public data.

new text begin (a) new text end If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.

The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.

If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining,
denying, or describing an act of physical or sexual abuse, the presiding officer shall consider
the provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject
to the protections under chapter 5B or section 13.045, the presiding officer shall consider
the provisions of section 5B.11.

new text begin (b) This subdivision does not apply to requests by a prosecuting authority to access
government data under section 13.43, subdivision 20.
new text end

Sec. 2.

Minnesota Statutes 2024, section 13.43, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Required disclosures by prosecuting authority. new text end

new text begin (a) Notwithstanding any
other provision of this section and regardless of the data's classification, a responsible
authority must release personnel data relating to a complaint or charge against an individual
to a prosecuting authority if the prosecuting authority communicates that: (1) the individual,
who is employed by a law enforcement agency, is or may be a witness in a criminal
prosecution; and (2) the information is for the purposes of complying with a constitutional
obligation to disclose evidence to a criminal defendant. The prosecuting authority is not
required to obtain a court order for the release of this personnel data. If the prosecuting
authority determines that personnel data relating to a complaint or charge against an
individual that is not public data must be disclosed to the defendant, the classification of
the data does not change, and the prosecuting authority must secure a protective order prior
to disclosure to the defendant. The court order may govern the purposes for which the
personnel data relating to a complaint or charge against the individual may be used,
reproduction, release to other persons, retention and return of copies, and other requirements
reasonably necessary for protection of the privacy of the individual who is the subject of
the data.
new text end

new text begin (b) A government entity or person that releases personnel data to a prosecuting authority
under paragraph (a) is immune from civil and criminal liability, including any liability under
section 13.08.
new text end

Sec. 3.

Minnesota Statutes 2024, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Public Safety Advisory Council in accomplishing the council's duties; and

(3) allow for the board, the Public Safety Advisory Council, and the board's complaint
investigation committee to identify patterns of behavior that suggest an officer is in crisis
or is likely to violate a board-mandated model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

new text begin (f) By January 1, 2026, the board shall make data submitted under paragraph (b) relating
to a complaint or charge against an individual peace officer accessible to a prosecuting
authority for purposes of complying with the prosecuting authority's constitutional obligation
to disclose evidence to a criminal defendant. If the prosecuting authority determines that
data relating to a complaint or charge against an individual peace officer that is not public
data, as defined by section 13.02, subdivision 8a, must be disclosed to the defendant, the
classification of the data does not change, and the prosecuting authority must secure a
protective order prior to disclosure to the defendant.
new text end

Sec. 4.

Minnesota Statutes 2024, section 626.8457, subdivision 5, is amended to read:

Subd. 5.

Immunity from liability.

deleted text begin A deleted text end new text begin The board; new text end chief law enforcement officer deleted text begin , deleted text end new text begin ; new text end city,
county, or public official new text begin ; new text end and employees of the law enforcement agency are immune from
civil or criminal liability, including any liability under chapter 13, for reporting or releasing
public or not public data to the board new text begin or a prosecuting authority new text end under subdivisions 3 and
4, unless the new text begin board; new text end chief law enforcement officer deleted text begin , deleted text end new text begin ; new text end city, county, or public official new text begin ; new text end or
employees of the law enforcement agency presented false information to the board new text begin or a
prosecuting authority new text end with the intention of causing reputational harm to the peace officer.

Sec. 5.

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
issues that place the officer's credibility into question or require disclosure under
Brady-Giglio.
new text end

new text begin Subd. 2. 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 duty of the prosecuting agency to provide notice to the officer and the officer's
employing law enforcement agency 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 (3) 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 (4) 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) 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 (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 prosecuting agency's determination
to designate the officer as Brady-Giglio impaired or otherwise include the officer on a
Brady-Giglio list and to submit information in support of the officer's request;
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 or placement of the officer on a Brady-Giglio list; and
new text end

new text begin (3) notice that if the officer requests reconsideration 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 (d) 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.
new text end

new text begin (e) 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.
new text end

Sec. 6. 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:
new text end

new text begin (1) advise on the minimum requirements for what a prosecuting authority would consider
Brady-Giglio impeachment evidence of a peace officer;
new text end

new text begin (2) create a process by which an officer on a Brady-Giglio "Do Not Call" list may
challenge inclusion on that list; and
new text end

new text begin (3) analyze the advisability of implementing a statewide system tracking officers with
histories of misconduct that implicate Brady-Giglio.
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) three county attorneys, including:
new text end

new text begin (i) two county attorneys representing the counties with the two highest caseloads in the
state; and
new text end

new text begin (ii) a county attorney designated by the Minnesota County Attorney's Association;
new text end

new text begin (3) two city attorneys, including:
new text end

new text begin (i) a city attorney representing the city with the highest caseload in the state; and
new text end

new text begin (ii) a city attorney designated by the Minnesota Association of City Attorneys;
new text end

new text begin (4) three public defenders, including:
new text end

new text begin (i) two public defenders representing the counties with the two highest caseloads in the
state; and
new text end

new text begin (ii) a public defender designated by the State Chief Public Defender;
new text end

new text begin (5) three private criminal defense attorneys appointed by the governor;
new text end

new text begin (6) two members of law enforcement, one designated by the Minnesota Police and Peace
Officers Association and one appointed by the governor;
new text end

new text begin (7) a civil rights attorney appointed by the governor; and
new text end

new text begin (8) one member of the public who is not employed by law enforcement or acting as a
lawyer in the criminal justice system appointed by the governor.
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, 2025, 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 minimum requirements for what a prosecuting authority would consider
Brady-Giglio impeachment evidence of a peace officer;
new text end

new text begin (2) the advisability of implementing a statewide system tracking officers with histories
of misconduct that implicate Brady-Giglio; and
new text end

new text begin (3) 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 "Do Not Call" list.
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, 2025, 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

Sec. 7. new text begin EFFECTIVE DATE.
new text end

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