Minnesota 2025-2026 Regular Session

Minnesota House Bill HF143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; providing for a Brady-Giglio designation for peace
3	3	1.3 officers; proposing coding for new law in Minnesota Statutes, chapter 626.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. [626.893] BRADY-GIGLIO.
6	6	1.6 Subdivision 1.Definition."Brady-Giglio designation" means a designation made or list
7	7	1.7compiled by a prosecuting agency containing the names and details of peace officers who
8	8	1.8have sustained incidents of untruthfulness, criminal convictions, candor issues, or other
9	9	1.9issue that places the officer's credibility into question.
10	10	1.10 Subd. 2.Confidential employment data.The employing state or local law enforcement
11	11	1.11agency shall keep a peace officer's statement, recordings, or transcripts of any interviews
12	12	1.12or disciplinary proceedings, and any complaints made against a peace officer confidential
13	13	1.13unless otherwise provided by law or with the officer's written consent. Nothing in this section
14	14	1.14prohibits the release of an officer's statement, recordings, or transcripts of any interviews
15	15	1.15or disciplinary proceedings and any complaints made against an officer to the officer or the
16	16	1.16officer's legal counsel upon the officer's request.
17	17	1.17 Subd. 3.Employee data request.Upon written request, the employing state or local
18	18	1.18law enforcement agency shall provide to the requesting peace officer or the officer's legal
19	19	1.19counsel a copy of the officer's personnel file and training records regardless of whether the
20	20	1.20officer is subject to a formal administrative investigation at the time of the request.
21	21	1.21 Subd. 4.Officer discharge.(a) A peace officer shall not be discharged, disciplined, or
22	22	1.22threatened with discharge or discipline by a state or local law enforcement agency solely
23	23	1Section 1.
24	24	REVISOR KLL/DG 25-0161912/20/24
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 143
30	30	NINETY-FOURTH SESSION
31	31	Authored by Duran01/22/2025
32	32	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
33	33	2.2exists concerning the officer.
34	34	2.3 (b) This subdivision does not prohibit a law enforcement agency from investigating an
35	35	2.4officer based on the underlying actions that resulted in the exculpatory evidence being
36	36	2.5withheld. If a collective bargaining agreement applies, the actions taken by the law
37	37	2.6enforcement agency shall conform to the rules and procedures adopted by the collective
38	38	2.7bargaining agreement.
39	39	2.8 Subd. 5.Prosecuting agency policy.(a) A prosecuting agency that has made a
40	40	2.9Brady-Giglio designation shall adopt a policy that, at a minimum, includes:
41	41	2.10 (1) the criteria used by the prosecuting agency to designate a peace officer as Brady-Giglio
42	42	2.11impaired or otherwise place an officer on a Brady-Giglio list;
43	43	2.12 (2) the officer's right to receive written notice before the prosecuting agency designates
44	44	2.13an officer as Brady-Giglio impaired or otherwise places an officer on a Brady-Giglio list,
45	45	2.14and the officer's right to provide input and evidence, if any, to the prosecuting agency before
46	46	2.15the prosecuting agency makes a determination of whether the officer should be designated
47	47	2.16as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list;
48	48	2.17 (3) the duty of the prosecuting agency to provide notice of the prosecuting agency's
49	49	2.18decision regarding a designation of an officer as Brady-Giglio impaired or placement of the
50	50	2.19officer on a Brady-Giglio list;
51	51	2.20 (4) the officer's right to request reconsideration of the prosecuting agency's determination
52	52	2.21to designate an officer as Brady-Giglio impaired or otherwise include the officer on a
53	53	2.22Brady-Giglio list and to submit supporting and corroborating documentation and evidence
54	54	2.23in support of the officer's request for reconsideration; and
55	55	2.24 (5) the applicable time frame and procedures for notifying the officer of the prosecuting
56	56	2.25agency's final decision on an officer's request for reconsideration.
57	57	2.26 (b) Before a prosecuting agency designates an officer as Brady-Giglio impaired or
58	58	2.27otherwise places an officer on a Brady-Giglio list, the prosecuting agency shall send a
59	59	2.28written notice by United States mail or email to the officer's current or last known
60	60	2.29employment address. Upon receipt of the notice, and if the officer's contact information is
61	61	2.30known, the officer's current or last known employer shall provide the written notice to the
62	62	2.31officer. The written notice shall include, at a minimum:
63	63	2.32 (1) that the officer's name may be designated as Brady-Giglio impaired or otherwise
64	64	2.33placed on a Brady-Giglio list;
65	65	2Section 1.
66	66	REVISOR KLL/DG 25-0161912/20/24 3.1 (2) the officer's right to request documents, records, and any other evidence in the
67	67	3.2possession of the prosecuting agency relevant to the determination of whether the officer
68	68	3.3should be designated as Brady-Giglio impaired or otherwise placed on a Brady-Giglio list
69	69	3.4by the prosecuting agency;
70	70	3.5 (3) the officer's right to provide input to the prosecuting agency prior to the prosecuting
71	71	3.6agency's determination of whether to designate the officer as Brady-Giglio impaired or
72	72	3.7whether the officer should be placed on a Brady-Giglio list; and
73	73	3.8 (4) the prosecuting agency's procedural requirements for an officer to provide input and
74	74	3.9evidence, if any, to the prosecuting agency prior to the prosecuting agency's determination
75	75	3.10of whether to designate the officer as Brady-Giglio impaired or whether the officer should
76	76	3.11be placed on a Brady-Giglio list.
77	77	3.12 (c) If the prosecuting agency designates the officer as Brady-Giglio impaired or otherwise
78	78	3.13places the officer on a Brady-Giglio list, the prosecuting agency shall send a written notice
79	79	3.14by United States mail or email to the officer's current or last known employment address.
80	80	3.15Upon receipt of the notice, and if the officer's contact information is known, the officer's
81	81	3.16current or last known employer shall provide the written notice to the officer. The written
82	82	3.17notice shall include, at a minimum:
83	83	3.18 (1) the officer's right to request reconsideration of the allegations and the designation
84	84	3.19of the officer as Brady-Giglio impaired or the placement of the officer on a Brady-Giglio
85	85	3.20list;
86	86	3.21 (2) the prosecuting agency's procedural requirements for submitting a written request
87	87	3.22for reconsideration of the prosecuting agency's determination that an officer is Brady-Giglio
88	88	3.23impaired to place the officer on a Brady-Giglio list, including the method and time frame
89	89	3.24for submitting the request for reconsideration and any supporting and corroborating
90	90	3.25documents and evidence from any pertinent sources that may be submitted and considered;
91	91	3.26and
92	92	3.27 (3) a statement that, if the officer intends to request reconsideration, the officer must
93	93	3.28submit the written request for reconsideration and any supporting documentation to the
94	94	3.29prosecuting agency within ten business days after receiving the notice from the prosecuting
95	95	3.30agency.
96	96	3.31 (d) If an officer submits a request for reconsideration pursuant to this subdivision and
97	97	3.32the officer's request for reconsideration is approved by the prosecuting agency on its merits,
98	98	3.33the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall be
99	99	3.34removed. If the officer's request for reconsideration is denied by the prosecuting agency,
100	100	3Section 1.
101	101	REVISOR KLL/DG 25-0161912/20/24 4.1the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall
102	102	4.2remain.
103	103	4.3 (e) An officer who was designated as Brady-Giglio impaired or who was otherwise
104	104	4.4placed on a Brady-Giglio list before the effective date of this section shall have the right to
105	105	4.5request reconsideration of that designation or placement as follows:
106	106	4.6 (1) a prosecuting agency shall notify the officer within 90 days of the effective date of
107	107	4.7this section and shall provide the officer with the information required in this section; and
108	108	4.8 (2) upon receipt of a notification from a prosecuting agency pursuant to clause (1), an
109	109	4.9officer shall have ten days to request reconsideration as provided in this subdivision.
110	110	4.10 (f) This subdivision does not limit the duty of a prosecuting agency to produce
111	111	4.11Brady-Giglio discovery evidence in all cases as required by the United States Constitution,
112	112	4.12the Minnesota Constitution, and the Rules of Criminal Procedure upon completion of the
113	113	4.13process and procedure under this section.
114	114	4.14 (g) This subdivision does not limit or restrict a prosecuting agency's right to remove a
115	115	4.15designation that an officer is Brady-Giglio impaired or placement of an officer from a
116	116	4.16Brady-Giglio list if, upon receipt of additional supporting and corroborating information or
117	117	4.17a change in factual circumstances at any time, the prosecuting agency determines that the
118	118	4.18Brady-Giglio designation or placement of an officer on a Brady-Giglio list is no longer
119	119	4.19appropriate.
120	120	4.20 Subd. 6.Release of information.A prosecuting agency shall keep confidential and shall
121	121	4.21not release to the public an officer's personnel file, medical records, or any statement,
122	122	4.22recording, transcript, or complaint unless otherwise provided by law or with the officer's
123	123	4.23written consent. Nothing in this subdivision shall be construed to prohibit the release of
124	124	4.24records to the officer or the officer's legal counsel as required under this section upon the
125	125	4.25request of the officer or the officer's legal counsel or as otherwise provided by law or court
126	126	4.26order.
127	127	4.27 EFFECTIVE DATE.This section is effective the day following final enactment.
128	128	4Section 1.
129	129	REVISOR KLL/DG 25-0161912/20/24