SF2838

SF2838 (Legislative Session 94 (2025-2026))

Disclosure of personnel data on peace officers and other potential government witnesses to a prosecuting attorney to comply with the authority's constitutional disclosure obligations; Brady-Giglio designation for police officers authorization; Brady-Giglio lists examination task force establishment

Related bill: HF1576

AI Generated Summary

Purpose

The bill aims to improve public safety and legal transparency by addressing how personnel data on peace officers (such as police officers) and other potential government witnesses are shared with prosecuting authorities. It seeks to ensure compliance with constitutional evidence disclosure obligations during criminal prosecutions.

Main Provisions

Disclosure of Officer Data: Prosecuting authorities will be able to access personnel data related to complaints or charges against officers if they are potential witnesses in criminal prosecutions. This is to meet constitutional obligations to disclose evidence to defendants.
Brady-Giglio Designation: Establishes criteria and a process for designating and listing peace officers whose credibility might be in question due to untruthfulness or misconduct, affecting their reliability as witnesses.
Reporting Requirements: Law enforcement agencies must report summary and specific misconduct data to a board for analyzing effectiveness of officer training and identifying behavior issues.
Immunity for Data Sharing: Law enforcement agencies and officials are immune from liability when they share required data with prosecuting authorities.

Significant Changes to Existing Law

The bill amends several statutes to enforce the release of both public and non-public personnel data to prosecuting authorities without needing a court order.
It creates a task force to recommend processes and standards for maintaining and handling Brady-Giglio lists, including criteria for adding or removing officers from such lists.
Mandates the annual release of a report by a designated board on officers’ misconduct, which is made publicly accessible.

Task Force Establishment

A task force will be created to: - Advise on what constitutes Brady-Giglio evidence against officers. - Create a challenge process for officers on a "Do Not Call" list. - Consider implementing a statewide system for tracking officer misconduct relevant to Brady-Giglio criteria.

The task force will consist of legal and public safety professionals, as well as public representatives, and will report its findings by December 2025.

Relevant Terms

Brady-Giglio disclosure
Peace officer misconduct
Prosecuting authority data access
Constitutional evidence obligations
Law enforcement data immunity
Task force on officer tracking systems

Bill text versions

Introduction PDF file
Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 19, 2025	Senate	Floor	Action	Introduction and first reading
March 19, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [
        "No new content added in this provision."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "This section of the bill addresses the discoverability of not public data under Minnesota Statutes section 13.03, subdivision 6.",
      "modified": [
        "Clarifies procedures on how a presiding officer should handle discoverability and notice to the subject of the data."
      ]
    },
    "citation": "13.03",
    "subdivision": "subdivision 6"
  },
  {
    "analysis": {
      "added": [
        "New subdivision mandating disclosure of personnel data for compliance with constitutional obligations."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "This bill amends Minnesota Statutes section 13.43 by adding subdivision 20, concerning required disclosures by prosecuting authority.",
      "modified": [
        "Mandates protection order procedures prior to disclosing certain data to defendants."
      ]
    },
    "citation": "13.43",
    "subdivision": "subdivision 20"
  },
  {
    "analysis": {
      "added": [
        "New requirement for chief law enforcement officers to report data in real time."
      ],
      "removed": [
        "No specific removals in this provision."
      ],
      "summary": "This bill modifies the reporting obligations concerning misconduct databases under section 626.8457, subdivision 3.",
      "modified": [
        "Ongoing reporting obligations clarified, and additional data handling instructions included."
      ]
    },
    "citation": "626.8457",
    "subdivision": "subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Explicit immunity provided to entities releasing data barring bad faith actions."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "Amendments involve immunity from liability regarding the release of officer data under section 626.8457, subdivision 5.",
      "modified": [
        "Clarifies conditions under which immunity applies, ensuring no false information is presented."
      ]
    },
    "citation": "626.8457",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [
        "No new content added in this provision."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "References definition of 'individuals' under Minnesota Statutes section 13.02, subdivision 15, relevant to data reporting requirements.",
      "modified": [
        "Utilizes existing definitions for clarity in data classification."
      ]
    },
    "citation": "13.02",
    "subdivision": "subdivision 15"
  },
  {
    "analysis": {
      "added": [
        "No new content added in this provision."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "References definition of 'private data on individuals' under Minnesota Statutes section 13.02, subdivision 12, relevant to data reporting requirements.",
      "modified": [
        "Utilizes existing definitions for clarity in data classification."
      ]
    },
    "citation": "13.02",
    "subdivision": "subdivision 12"
  },
  {
    "analysis": {
      "added": [
        "No new content added in this provision."
      ],
      "removed": [
        "No content removed in this provision."
      ],
      "summary": "References definition of 'not public data' under Minnesota Statutes section 13.02, subdivision 8a, for data reporting requirements.",
      "modified": [
        "Utilizes existing definitions for clarity in data classification."
      ]
    },
    "citation": "13.02",
    "subdivision": "subdivision 8a"
  }
]