This bill, S.F. No. 1813, proposes new legal provisions in Minnesota Statutes, chapter 626, establishing guidelines and procedures for prosecuting agencies in maintaining and disclosing Brady-Giglio lists. These lists contain the names of peace officers with documented credibility issues, such as untruthfulness, bias, criminal convictions, or abuse of authority.

Key Provisions of the Bill:

1. Definitions:

   • Brady-Giglio list: A compiled database of officers with credibility concerns.
   • Brady-Giglio material: Includes sustained misconduct, bias, credibility issues, or abuse of authority.
   • Prosecuting agency: Includes county and city attorneys responsible for criminal prosecutions.

2. Prosecuting Agency Policy & Officer Rights:

   • Agencies must adopt policies detailing:
     • Criteria for adding an officer to the Brady-Giglio list.
     • The officer’s right to receive written notice before inclusion.
     • The officer’s right to respond before a final decision.
     • Notification to both the officer and their employing agency.
     • The officer’s right to request reconsideration and submit supporting evidence.
     • The employing agency’s right to challenge an officer’s placement in court.

3. Disclosure and Notification Process:

   • Officers must be notified in writing before inclusion.
   • Officers have the right to request and review relevant evidence.
   • If listed, an officer can request reconsideration within ten business days.
   • If granted reconsideration, the officer’s name will be removed; if denied, they remain on the list.

4. Review of Previously Listed Officers:

   • By November 1, 2025, agencies must notify officers placed on the list before August 1, 2025, about their right to seek reconsideration.

5. Data Privacy Protections:

   • Prosecuting agencies cannot release an officer's personnel file or related records to the public unless required by law.
   • Agencies may enter agreements to review nonpublic complaint information.

6. Annual Review Process:

   • Prosecuting agencies must meet annually with law enforcement leaders in their jurisdiction to discuss Brady-Giglio policies and evaluate disclosure processes.

7. Duty to Disclose:

   • Regardless of whether an officer is on a Brady-Giglio list, prosecutors must still disclose all information that could affect a witness’s credibility, including peace officers, as required under Brady v. Maryland and Giglio v. United States.

Impact of the Bill:

This bill standardizes and transparently regulates how prosecuting agencies handle Brady-Giglio disclosures, ensuring that peace officers receive due process before inclusion on credibility lists while maintaining prosecutorial obligations to disclose exculpatory evidence.

Would you like further clarification on any section?