as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 09:45am
A bill for an act
relating to public safety; excluding peace officers from discipline for inclusion on
Brady-Giglio lists; establishing a task force to examine Brady-Giglio lists; requiring
a report; amending Minnesota Statutes 2022, section 626.89, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 626.89, is amended by adding a subdivision
to read:
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(a) A peace officer may not be discharged,
disciplined, or threatened with discharge or discipline by a state, county, or municipal law
enforcement agency based upon a prosecutor's determination that the officer failed to identify
or make exculpatory evidence available to the appropriate party in an ongoing prosecution
or because the peace officer is included on a Brady-Giglio list.
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(b) For the purposes of this subdivision, a "Brady-Giglio list" means a designation of
peace officers whom a prosecutor deems to be Brady-impaired, including peace officers
who may not have disclosed all impeachment information or who may have violated any
pretrial discovery rule requiring peace officers to make available all evidence that might be
used to exonerate a defendant in an ongoing prosecution.
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(a) The commissioner of public safety
must establish a task force to examine peace officer inclusion on a Brady-Giglio list and
the use of that list.
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(b) The task force consists of the following members:
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(1) the attorney general or a designee;
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(2) a district court judge appointed by the supreme court; and
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(3) a representative appointed by each of the following:
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(i) the Minnesota Sheriffs' Association;
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(ii) the Minnesota Chiefs of Police Association;
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(iii) the Minnesota Police and Peace Officers Association;
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(iv) Law Enforcement Labor Services, Inc.;
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(v) the Hennepin County Sheriff's Deputies Association;
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(vi) the St. Paul Police Federation;
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(vii) the Minnesota State Patrol Troopers Association; and
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(viii) the Minnesota County Attorneys Association.
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(c) Members of the task force serve without compensation.
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(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.
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(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
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(b) The commissioner of public safety shall convene the first meeting of the task force
no later than August 1, 2024, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
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(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.
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(a) The task force shall examine and make recommendations on:
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(1) the issue of disclosing peace officer personnel file information related to a
Brady-Giglio matter;
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(2) the advisability of implementing a statewide system regulating Brady-Giglio lists or
designations;
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(3) identifying impartial entities to conduct investigations pertaining to a peace officer's
Brady-Giglio conduct; and
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(4) appropriate 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 list or designation.
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(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.
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On or before December 1, 2024, 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.
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The task force expires upon submission of the report required
under subdivision 4.
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This section is effective the day following final enactment.
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