IN
Indiana House Bill HB1471

Indiana 2025 Regular Session

Indiana House Bill HB1471 Compare Versions

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1+*EH1471.1*
2+March 19, 2025
3+ENGROSSED
4+HOUSE BILL No. 1471
5+_____
6+DIGEST OF HB 1471 (Updated March 18, 2025 11:57 am - DI 106)
7+Citations Affected: IC 33-39; IC 34-30.
8+Synopsis: Law enforcement officer impeachment evidence.
9+Establishes the procedure for placing a law enforcement officer's name
10+on a Giglio list. Provides notice and reconsideration procedures.
11+Provides requirements for prosecuting attorneys and law enforcement
12+officers. Provides civil immunity to prosecuting attorneys for acts
13+related to a Giglio list.
14+Effective: July 1, 2025.
15+Steuerwald, Jeter, Gore, Smaltz
16+(SENATE SPONSORS — CLARK, FREEMAN, CARRASCO)
17+January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
18+January 30, 2025, reported — Do Pass.
19+February 4, 2025, read second time, amended, ordered engrossed.
20+February 5, 2025, engrossed.
21+February 6, 2025, read third time, passed. Yeas 85, nays 0.
22+SENATE ACTION
23+February 19, 2025, read first time and referred to Committee on Corrections and Criminal
24+Law.
25+March 18, 2025, amended, reported favorably — Do Pass.
26+EH 1471—LS 7612/DI 151 March 19, 2025
127 First Regular Session of the 124th General Assembly (2025)
228 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
329 Constitution) is being amended, the text of the existing provision will appear in this style type,
430 additions will appear in this style type, and deletions will appear in this style type.
531 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
632 provision adopted), the text of the new provision will appear in this style type. Also, the
733 word NEW will appear in that style type in the introductory clause of each SECTION that adds
834 a new provision to the Indiana Code or the Indiana Constitution.
935 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1036 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1471
12-AN ACT to amend the Indiana Code concerning courts and court
13-officers.
37+ENGROSSED
38+HOUSE BILL No. 1471
39+A BILL FOR AN ACT to amend the Indiana Code concerning
40+courts and court officers.
1441 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 33-39-12 IS ADDED TO THE INDIANA CODE
16-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]:
18-Chapter 12. Prosecuting Attorney's Giglio List
19-Sec. 1. As used in this chapter, "affected law enforcement
20-officer" means a law enforcement officer whose name is included
21-on a Giglio list.
22-Sec. 2. As used in this chapter, "Giglio designee" means the
23-person in a law enforcement agency who is responsible for
24-handling Giglio issues.
25-Sec. 3. As used in this chapter, "Giglio list" means a list of
26-names that a prosecuting attorney maintains in order to comply
27-with applicable law and the Indiana Rules of Criminal Procedure.
28-Sec. 4. (a) The Giglio designee shall notify the prosecuting
29-attorney having jurisdiction over the area served by the law
30-enforcement officer, if, after a criminal or internal investigation,
31-a law enforcement officer has been found to have committed, or
32-been criminally charged with any of the following:
33-(1) An intentional act of dishonesty, including material
34-untruthfulness in reports and testimony.
35-(2) A violation of the criminal code.
36-HEA 1471 — Concur 2
37-(3) An intentional act that demonstrates mishandling of
38-evidence.
39-(4) Excessive force.
40-(5) Racially motivated bias, speech, or acts.
41-(b) If a law enforcement agency:
42-(1) imposes discipline for an offense described in subsection
43-(a); or
44-(2) becomes aware of the imposition of discipline by another
45-law enforcement agency for an offense described in subsection
46-(a);
47-the Giglio designee shall notify the prosecuting attorney having
48-jurisdiction over the area served by the law enforcement officer of
49-the discipline.
50-(c) The Giglio designee shall disclose any potential exculpatory
51-evidence to the prosecuting attorney, as described in subsection (a).
52-Sec. 5. (a) If a prosecuting attorney receives notice under section
53-4 of this chapter, the prosecuting attorney shall independently
54-review the information and make a determination concerning
55-placement of the law enforcement officer's name on a Giglio list.
56-(b) If the prosecuting attorney places a law enforcement
57-officer's name on a Giglio list, the prosecuting attorney shall send
58-written notice to the affected law enforcement officer's current
59-employer or last known employer.
60-(c) The notice must include the following information:
61-(1) The law enforcement officer's right to request relevant
62-materials from the prosecuting attorney.
63-(2) The law enforcement officer's right to provide
64-supplemental information to the prosecuting attorney.
65-(3) The law enforcement officer's right to request
66-reconsideration.
67-(4) Information about the reconsideration process.
68-(d) Upon receipt of the notice described in subsection (b), an
69-employer shall send a copy of the written notice to the affected law
70-enforcement officer.
71-Sec. 6. (a) An affected law enforcement officer may submit a
72-request for reconsideration to the prosecuting attorney not later
73-thirty (30) days after receipt of the notice described in section 5(d)
74-of this chapter, or upon a change in circumstances.
75-(b) The prosecuting attorney shall do one (1) of the following:
76-(1) Approve the request for reconsideration and remove the
77-law enforcement officer's name from the Giglio list.
78-(2) Deny the request for reconsideration and keep the law
79-HEA 1471 — Concur 3
80-enforcement officer's name on the Giglio list.
81-(c) If an affected law enforcement officer does not comply with
82-the requirements for reconsideration, the affected law enforcement
83-officer's name shall remain on the Giglio list.
84-(d) A prosecuting attorney may, at any time, remove a law
85-enforcement officer's name from a Giglio list if the prosecuting
86-attorney receives material information that was not known or not
87-available at the time of the initial determination.
88-Sec. 7. A prosecuting attorney that uses and maintains a Giglio
42+1 SECTION 1. IC 33-39-12 IS ADDED TO THE INDIANA CODE
43+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
44+3 JULY 1, 2025]:
45+4 Chapter 12. Prosecuting Attorney's Giglio List
46+5 Sec. 1. As used in this chapter, "affected law enforcement
47+6 officer" means a law enforcement officer whose name is included
48+7 on a Giglio list.
49+8 Sec. 2. As used in this chapter, "Giglio designee" means the
50+9 person in a law enforcement agency who is responsible for
51+10 handling Giglio issues.
52+11 Sec. 3. As used in this chapter, "Giglio list" means a list of
53+12 names that a prosecuting attorney maintains in order to comply
54+13 with applicable law and the Indiana Rules of Criminal Procedure.
55+14 Sec. 4. (a) The Giglio designee shall notify the prosecuting
56+15 attorney having jurisdiction over the area served by the law
57+16 enforcement officer, if, after a criminal or internal investigation,
58+17 a law enforcement officer has been found to have committed, or
59+EH 1471—LS 7612/DI 151 2
60+1 been criminally charged with any of the following:
61+2 (1) An intentional act of dishonesty, including material
62+3 untruthfulness in reports and testimony.
63+4 (2) A violation of the criminal code.
64+5 (3) An intentional act that demonstrates mishandling of
65+6 evidence.
66+7 (4) Excessive force.
67+8 (5) Racially motivated bias, speech, or acts.
68+9 (b) If a law enforcement agency:
69+10 (1) imposes discipline for an offense described in subsection
70+11 (a); or
71+12 (2) becomes aware of the imposition of discipline by another
72+13 law enforcement agency for an offense described in subsection
73+14 (a);
74+15 the Giglio designee shall notify the prosecuting attorney having
75+16 jurisdiction over the area served by the law enforcement officer of
76+17 the discipline.
77+18 (c) The Giglio designee shall disclose any potential exculpatory
78+19 evidence to the prosecuting attorney, as described in subsection (a).
79+20 Sec. 5. (a) If a prosecuting attorney receives notice under section
80+21 4 of this chapter, the prosecuting attorney shall independently
81+22 review the information and make a determination concerning
82+23 placement of the law enforcement officer's name on a Giglio list.
83+24 (b) If the prosecuting attorney places a law enforcement
84+25 officer's name on a Giglio list, the prosecuting attorney shall send
85+26 written notice to the affected law enforcement officer's current
86+27 employer or last known employer.
87+28 (c) The notice must include the following information:
88+29 (1) The law enforcement officer's right to request relevant
89+30 materials from the prosecuting attorney.
90+31 (2) The law enforcement officer's right to provide
91+32 supplemental information to the prosecuting attorney.
92+33 (3) The law enforcement officer's right to request
93+34 reconsideration.
94+35 (4) Information about the reconsideration process.
95+36 (d) Upon receipt of the notice described in subsection (b), an
96+37 employer shall send a copy of the written notice to the affected law
97+38 enforcement officer.
98+39 Sec. 6. (a) An affected law enforcement officer may submit a
99+40 request for reconsideration to the prosecuting attorney not later
100+41 thirty (30) days after receipt of the notice described in section 5(d)
101+42 of this chapter, or upon a change in circumstances.
102+EH 1471—LS 7612/DI 151 3
103+1 (b) The prosecuting attorney shall do one (1) of the following:
104+2 (1) Approve the request for reconsideration and remove the
105+3 law enforcement officer's name from the Giglio list.
106+4 (2) Deny the request for reconsideration and keep the law
107+5 enforcement officer's name on the Giglio list.
108+6 (c) If an affected law enforcement officer does not comply with
109+7 the requirements for reconsideration, the affected law enforcement
110+8 officer's name shall remain on the Giglio list.
111+9 (d) A prosecuting attorney may, at any time, remove a law
112+10 enforcement officer's name from a Giglio list if the prosecuting
113+11 attorney receives material information that was not known or not
114+12 available at the time of the initial determination.
115+13 Sec. 7. A prosecuting attorney that uses and maintains a Giglio
116+14 list shall do the following:
117+15 (1) Adopt policies:
118+16 (A) outlining the procedure for placement of a law
119+17 enforcement officer's name on a Giglio list;
120+18 (B) concerning the reconsideration process; and
121+19 (C) about notice requirements.
122+20 (2) Use a Giglio list, if the subject officer is a material witness,
123+21 to:
124+22 (A) make charging decisions; and
125+23 (B) disclose relevant impeachment information to defense
126+24 counsel of record in criminal cases as required by law.
127+25 However, a prosecuting attorney may not disclose the
128+26 information contained in the list outside of required discovery
129+27 in a criminal case.
130+28 Sec. 8. (a) A law enforcement agency that employs an affected
131+29 law enforcement officer may not:
132+30 (1) demote;
133+31 (2) suspend;
134+32 (3) terminate; or
135+33 (4) impose discipline upon;
136+34 a law enforcement officer because the law enforcement officer's
137+35 name was placed on a Giglio list.
138+36 (b) A law enforcement officer may be subject to discipline,
139+37 demotion, suspension, or termination if the facts underlying the
140+38 reason for placement on a Giglio list are established in a
141+39 disciplinary proceeding.
142+40 Sec. 9. Nothing in this chapter modifies current law concerning
143+41 Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405
144+42 U.S. 150 (1972), or court rules relating to criminal prosecutions.
145+EH 1471—LS 7612/DI 151 4
146+1 However, the provisions of this chapter apply to the extent that
147+2 they are not clearly inconsistent with Brady v. Maryland, Giglio v.
148+3 United States, or court rules relating to criminal prosecutions.
149+4 Sec. 10. A prosecuting attorney is immune from civil liability for
150+5 placing a law enforcement officer's name on a Giglio list.
151+6 SECTION 2. IC 34-30-2.1-550.5 IS ADDED TO THE INDIANA
152+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
153+8 [EFFECTIVE JULY 1, 2025]: Sec. 550.5. IC 33-39-12-10
154+9 (Concerning an act related to a prosecuting attorney's Giglio list).
155+EH 1471—LS 7612/DI 151 5
156+COMMITTEE REPORT
157+Mr. Speaker: Your Committee on Courts and Criminal Code, to
158+which was referred House Bill 1471, has had the same under
159+consideration and begs leave to report the same back to the House with
160+the recommendation that said bill do pass.
161+(Reference is to HB 1471 as introduced.)
162+MCNAMARA
163+Committee Vote: Yeas 13, Nays 0
164+_____
165+HOUSE MOTION
166+Mr. Speaker: I move that House Bill 1471 be amended to read as
167+follows:
168+Page 1, line 16, delete "agency," and insert "officer,".
169+Page 2, delete line 4, begin a new line block indented and insert:
170+"(3) An act that undermines or casts substantial doubt upon
171+the officer's professional expertise or demonstrates
172+mishandling of evidence.".
173+Page 2, line 14, delete "agency" and insert "officer".
174+Page 2, line 18, delete "from a law".
175+Page 2, line 19, delete "enforcement agency".
176+Page 2, line 40, delete "ten (10)" and insert "thirty (30)".
177+(Reference is to HB 1471 as printed January 30, 2025.)
178+STEUERWALD
179+_____
180+COMMITTEE REPORT
181+Mr. President: The Senate Committee on Corrections and Criminal
182+Law, to which was referred House Bill No. 1471, has had the same
183+under consideration and begs leave to report the same back to the
184+Senate with the recommendation that said bill be AMENDED as
185+follows:
186+Page 2, line 2, after "An" insert "intentional".
187+Page 2, line 2, delete "dishonesty." and insert "dishonesty,
188+including material untruthfulness in reports and testimony.".
189+Page 2, delete lines 4 through 6, begin a new line block indented
190+and insert:
191+EH 1471—LS 7612/DI 151 6
192+"(3) An intentional act that demonstrates mishandling of
193+evidence.".
194+Page 2, line 8, delete "speech or acts." and insert "bias, speech, or
195+acts.".
196+Page 2, line 19, delete "attorney." and insert "attorney, as
197+described in subsection (a).".
198+Page 2, line 42, delete "chapter." and insert "chapter, or upon a
199+change in circumstances.".
200+Page 3, delete lines 13 through 23, begin a new paragraph and
201+insert:
202+"Sec. 7. A prosecuting attorney that uses and maintains a Giglio
89203 list shall do the following:
90204 (1) Adopt policies:
91205 (A) outlining the procedure for placement of a law
92206 enforcement officer's name on a Giglio list;
93207 (B) concerning the reconsideration process; and
94208 (C) about notice requirements.
95209 (2) Use a Giglio list, if the subject officer is a material witness,
96210 to:
97211 (A) make charging decisions; and
98212 (B) disclose relevant impeachment information to defense
99213 counsel of record in criminal cases as required by law.
100214 However, a prosecuting attorney may not disclose the
101215 information contained in the list outside of required discovery
102-in a criminal case.
103-Sec. 8. (a) A law enforcement agency that employs an affected
104-law enforcement officer may not:
105-(1) demote;
106-(2) suspend;
107-(3) terminate; or
108-(4) impose discipline upon;
109-a law enforcement officer because the law enforcement officer's
110-name was placed on a Giglio list.
111-(b) A law enforcement officer may be subject to discipline,
112-demotion, suspension, or termination if the facts underlying the
113-reason for placement on a Giglio list are established in a
114-disciplinary proceeding.
115-Sec. 9. Nothing in this chapter modifies current law concerning
116-Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405
117-U.S. 150 (1972), or court rules relating to criminal prosecutions.
118-However, the provisions of this chapter apply to the extent that
119-they are not clearly inconsistent with Brady v. Maryland, Giglio v.
120-United States, or court rules relating to criminal prosecutions.
121-Sec. 10. A prosecuting attorney is immune from civil liability for
122-HEA 1471 — Concur 4
123-placing a law enforcement officer's name on a Giglio list.
124-SECTION 2. IC 34-30-2.1-550.5 IS ADDED TO THE INDIANA
125-CODE AS A NEW SECTION TO READ AS FOLLOWS
126-[EFFECTIVE JULY 1, 2025]: Sec. 550.5. IC 33-39-12-10
127-(Concerning an act related to a prosecuting attorney's Giglio list).
128-HEA 1471 — Concur Speaker of the House of Representatives
129-President of the Senate
130-President Pro Tempore
131-Governor of the State of Indiana
132-Date: Time:
133-HEA 1471 — Concur
216+in a criminal case.".
217+Page 3, line 32, delete "discipline" and insert "discipline, demotion,
218+suspension, or termination".
219+and when so amended that said bill do pass.
220+(Reference is to HB 1471 as reprinted February 5, 2025.)
221+FREEMAN, Chairperson
222+Committee Vote: Yeas 7, Nays 0.
223+EH 1471—LS 7612/DI 151