1.1 A bill for an act
1.2 relating to public safety; providing for a Brady-Giglio designation for peace
1.3 officers; proposing coding for new law in Minnesota Statutes, chapter 626.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [626.893] BRADY-GIGLIO.
1.6 Subdivision 1.Definition."Brady-Giglio designation" means a designation made or list
1.7compiled by a prosecuting agency containing the names and details of peace officers who
1.8have sustained incidents of untruthfulness, criminal convictions, candor issues, or other
1.9issue that places the officer's credibility into question.
1.10 Subd. 2.Confidential employment data.The employing state or local law enforcement
1.11agency shall keep a peace officer's statement, recordings, or transcripts of any interviews
1.12or disciplinary proceedings, and any complaints made against a peace officer confidential
1.13unless otherwise provided by law or with the officer's written consent. Nothing in this section
1.14prohibits the release of an officer's statement, recordings, or transcripts of any interviews
1.15or disciplinary proceedings and any complaints made against an officer to the officer or the
1.16officer's legal counsel upon the officer's request.
1.17 Subd. 3.Employee data request.Upon written request, the employing state or local
1.18law enforcement agency shall provide to the requesting peace officer or the officer's legal
1.19counsel a copy of the officer's personnel file and training records regardless of whether the
1.20officer is subject to a formal administrative investigation at the time of the request.
1.21 Subd. 4.Officer discharge.(a) A peace officer shall not be discharged, disciplined, or
1.22threatened with discharge or discipline by a state or local law enforcement agency solely
1Section 1.
REVISOR KLL/DG 25-0347202/07/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1116
NINETY-FOURTH SESSION
Authored by Duran, Stier, Schwartz and Bliss02/19/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1due to a prosecuting agency making a determination or disclosure that exculpatory evidence
2.2exists concerning the officer.
2.3 (b) This subdivision does not prohibit a law enforcement agency from investigating an
2.4officer based on the underlying actions that resulted in the exculpatory evidence being
2.5withheld. If a collective bargaining agreement applies, the actions taken by the law
2.6enforcement agency shall conform to the rules and procedures adopted by the collective
2.7bargaining agreement.
2.8 Subd. 5.Prosecuting agency policy.(a) A prosecuting agency that has made a
2.9Brady-Giglio designation shall adopt a policy that, at a minimum, includes:
2.10 (1) the criteria used by the prosecuting agency to designate a peace officer as Brady-Giglio
2.11impaired or otherwise place an officer on a Brady-Giglio list;
2.12 (2) the officer's right to receive written notice before the prosecuting agency designates
2.13an officer as Brady-Giglio impaired or otherwise places an officer on a Brady-Giglio list,
2.14and the officer's right to provide input and evidence, if any, to the prosecuting agency before
2.15the prosecuting agency makes a determination of whether the officer should be designated
2.16as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list;
2.17 (3) the duty of the prosecuting agency to provide notice of the prosecuting agency's
2.18decision regarding a designation of an officer as Brady-Giglio impaired or placement of the
2.19officer on a Brady-Giglio list;
2.20 (4) the officer's right to request reconsideration of the prosecuting agency's determination
2.21to designate an officer as Brady-Giglio impaired or otherwise include the officer on a
2.22Brady-Giglio list and to submit supporting and corroborating documentation and evidence
2.23in support of the officer's request for reconsideration; and
2.24 (5) the applicable time frame and procedures for notifying the officer of the prosecuting
2.25agency's final decision on an officer's request for reconsideration.
2.26 (b) Before a prosecuting agency designates an officer as Brady-Giglio impaired or
2.27otherwise places an officer on a Brady-Giglio list, the prosecuting agency shall send a
2.28written notice by United States mail or email to the officer's current or last known
2.29employment address. Upon receipt of the notice, and if the officer's contact information is
2.30known, the officer's current or last known employer shall provide the written notice to the
2.31officer. The written notice shall include, at a minimum:
2.32 (1) that the officer's name may be designated as Brady-Giglio impaired or otherwise
2.33placed on a Brady-Giglio list;
2Section 1.
REVISOR KLL/DG 25-0347202/07/25 3.1 (2) the officer's right to request documents, records, and any other evidence in the
3.2possession of the prosecuting agency relevant to the determination of whether the officer
3.3should be designated as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list
3.4by the prosecuting agency;
3.5 (3) the officer's right to provide input to the prosecuting agency prior to the prosecuting
3.6agency's determination of whether to designate the officer as Brady-Giglio impaired or
3.7whether the officer should be placed on a Brady-Giglio list; and
3.8 (4) the prosecuting agency's procedural requirements for an officer to provide input and
3.9evidence, if any, to the prosecuting agency prior to the prosecuting agency's determination
3.10of whether to designate the officer as Brady-Giglio impaired or whether the officer should
3.11be placed on a Brady-Giglio list.
3.12 (c) If the prosecuting agency designates the officer as Brady-Giglio impaired or otherwise
3.13places the officer on a Brady-Giglio list, the prosecuting agency shall send a written notice
3.14by United States mail or email to the officer's current or last known employment address.
3.15Upon receipt of the notice, and if the officer's contact information is known, the officer's
3.16current or last known employer shall provide the written notice to the officer. The written
3.17notice shall include, at a minimum:
3.18 (1) the officer's right to request reconsideration of the allegations and the designation
3.19of the officer as Brady-Giglio impaired or the placement of the officer on a Brady-Giglio
3.20list;
3.21 (2) the prosecuting agency's procedural requirements for submitting a written request
3.22for reconsideration of the prosecuting agency's determination that an officer is Brady-Giglio
3.23impaired to place the officer on a Brady-Giglio list, including the method and time frame
3.24for submitting the request for reconsideration and any supporting and corroborating
3.25documents and evidence from any pertinent sources that may be submitted and considered;
3.26and
3.27 (3) a statement that, if the officer intends to request reconsideration, the officer must
3.28submit the written request for reconsideration and any supporting documentation to the
3.29prosecuting agency within ten business days after receiving the notice from the prosecuting
3.30agency.
3.31 (d) If an officer submits a request for reconsideration pursuant to this subdivision and
3.32the officer's request for reconsideration is approved by the prosecuting agency on its merits,
3.33the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall be
3.34removed. If the officer's request for reconsideration is denied by the prosecuting agency,
3Section 1.
REVISOR KLL/DG 25-0347202/07/25 4.1the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall
4.2remain.
4.3 (e) An officer who was designated as Brady-Giglio impaired or who was otherwise
4.4placed on a Brady-Giglio list before the effective date of this section shall have the right to
4.5request reconsideration of that designation or placement as follows:
4.6 (1) a prosecuting agency shall notify the officer within 90 days of the effective date of
4.7this section and shall provide the officer with the information required in this section; and
4.8 (2) upon receipt of a notification from a prosecuting agency pursuant to clause (1), an
4.9officer shall have ten days to request reconsideration as provided in this subdivision.
4.10 (f) This subdivision does not limit the duty of a prosecuting agency to produce
4.11Brady-Giglio discovery evidence in all cases as required by the United States Constitution,
4.12the Minnesota Constitution, and the Rules of Criminal Procedure upon completion of the
4.13process and procedure under this section.
4.14 (g) This subdivision does not limit or restrict a prosecuting agency's right to remove a
4.15designation that an officer is Brady-Giglio impaired or placement of an officer from a
4.16Brady-Giglio list if, upon receipt of additional supporting and corroborating information or
4.17a change in factual circumstances at any time, the prosecuting agency determines that the
4.18Brady-Giglio designation or placement of an officer on a Brady-Giglio list is no longer
4.19appropriate.
4.20 Subd. 6.Release of information.A prosecuting agency shall keep confidential and shall
4.21not release to the public an officer's personnel file, medical records, or any statement,
4.22recording, transcript, or complaint unless otherwise provided by law or with the officer's
4.23written consent. Nothing in this subdivision shall be construed to prohibit the release of
4.24records to the officer or the officer's legal counsel as required under this section upon the
4.25request of the officer or the officer's legal counsel or as otherwise provided by law or court
4.26order.
4.27 EFFECTIVE DATE.This section is effective the day following final enactment.
4Section 1.
REVISOR KLL/DG 25-0347202/07/25