1.1 A bill for an act
1.2 relating to public safety; requiring disclosure of personnel data on peace officers
1.3 and other potential government witnesses to a prosecuting authority to comply
1.4 with the authority's constitutional disclosure obligations; providing for a
1.5 Brady-Giglio designation for peace officers; establishing a task force to examine
1.6 Brady-Giglio lists; requiring a report; amending Minnesota Statutes 2024, sections
1.7 13.03, subdivision 6; 13.43, by adding a subdivision; 626.8457, subdivisions 3,
1.8 5; proposing coding for new law in Minnesota Statutes, chapter 626.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
1.11 Subd. 6.Discoverability of not public data.(a) If a government entity opposes discovery
1.12of government data or release of data pursuant to court order on the grounds that the data
1.13are classified as not public, the party that seeks access to the data may bring before the
1.14appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
1.15compel discovery or an action in the nature of an action to compel discovery.
1.16 The presiding officer shall first decide whether the data are discoverable or releasable
1.17pursuant to the rules of evidence and of criminal, civil, or administrative procedure
1.18appropriate to the action.
1.19 If the data are discoverable the presiding officer shall decide whether the benefit to the
1.20party seeking access to the data outweighs any harm to the confidentiality interests of the
1.21entity maintaining the data, or of any person who has provided the data or who is the subject
1.22of the data, or to the privacy interest of an individual identified in the data. In making the
1.23decision, the presiding officer shall consider whether notice to the subject of the data is
1.24warranted and, if warranted, what type of notice must be given. The presiding officer may
1.25fashion and issue any protective orders necessary to assure proper handling of the data by
1Section 1.
REVISOR VH/NS 25-0297902/21/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1576
NINETY-FOURTH SESSION 2.1the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining,
2.2denying, or describing an act of physical or sexual abuse, the presiding officer shall consider
2.3the provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject
2.4to the protections under chapter 5B or section 13.045, the presiding officer shall consider
2.5the provisions of section 5B.11.
2.6 (b) This subdivision does not apply to requests by a prosecuting authority to access
2.7government data under section 13.43, subdivision 20.
2.8 Sec. 2. Minnesota Statutes 2024, section 13.43, is amended by adding a subdivision to
2.9read:
2.10 Subd. 20.Required disclosures by prosecuting authority.(a) Notwithstanding any
2.11other provision of this section and regardless of the data's classification, a responsible
2.12authority must release personnel data relating to a complaint or charge against an individual
2.13to a prosecuting authority if the prosecuting authority communicates that: (1) the individual,
2.14who is employed by a law enforcement agency, is or may be a witness in a criminal
2.15prosecution; and (2) the information is for the purposes of complying with a constitutional
2.16obligation to disclose evidence to a criminal defendant. The prosecuting authority is not
2.17required to obtain a court order for the release of this personnel data. If the prosecuting
2.18authority determines that personnel data relating to a complaint or charge against an
2.19individual that is not public data must be disclosed to the defendant, the classification of
2.20the data does not change, and the prosecuting authority must secure a protective order prior
2.21to disclosure to the defendant. The court order may govern the purposes for which the
2.22personnel data relating to a complaint or charge against the individual may be used,
2.23reproduction, release to other persons, retention and return of copies, and other requirements
2.24reasonably necessary for protection of the privacy of the individual who is the subject of
2.25the data.
2.26 (b) A government entity or person that releases personnel data to a prosecuting authority
2.27under paragraph (a) is immune from civil and criminal liability, including any liability under
2.28section 13.08.
2.29 Sec. 3. Minnesota Statutes 2024, section 626.8457, subdivision 3, is amended to read:
2.30 Subd. 3.Report on alleged misconduct; database; report.(a) A chief law enforcement
2.31officer shall report annually to the board summary data regarding the investigation and
2.32disposition of cases involving alleged misconduct, indicating the total number of
2Sec. 3.
REVISOR VH/NS 25-0297902/21/25 3.1investigations, the total number by each subject matter, the number dismissed as unfounded,
3.2and the number dismissed on grounds that the allegation was unsubstantiated.
3.3 (b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
3.4individual peace officer data classified as public data on individuals, as defined by section
3.513.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
3.612, and submitted using encrypted data that the board determines is necessary to:
3.7 (1) evaluate the effectiveness of statutorily required training;
3.8 (2) assist the Public Safety Advisory Council in accomplishing the council's duties; and
3.9 (3) allow for the board, the Public Safety Advisory Council, and the board's complaint
3.10investigation committee to identify patterns of behavior that suggest an officer is in crisis
3.11or is likely to violate a board-mandated model policy.
3.12 (c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
3.13must update data within 30 days of final disposition of a complaint or investigation.
3.14 (d) Law enforcement agencies and political subdivisions are prohibited from entering
3.15into a confidentiality agreement that would prevent disclosure of the data identified in
3.16paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
3.17of this section.
3.18 (e) By February 1 of each year, the board shall prepare a report that contains summary
3.19data provided under paragraph (b). The board must post the report on its publicly accessible
3.20website and provide a copy to the chairs and ranking minority members of the senate and
3.21house of representatives committees and divisions having jurisdiction over criminal justice
3.22policy.
3.23 (f) By January 1, 2026, the board shall make data submitted under paragraph (b) relating
3.24to a complaint or charge against an individual peace officer accessible to a prosecuting
3.25authority for purposes of complying with the prosecuting authority's constitutional obligation
3.26to disclose evidence to a criminal defendant. If the prosecuting authority determines that
3.27data relating to a complaint or charge against an individual peace officer that is not public
3.28data, as defined by section 13.02, subdivision 8a, must be disclosed to the defendant, the
3.29classification of the data does not change, and the prosecuting authority must secure a
3.30protective order prior to disclosure to the defendant.
3Sec. 3.
REVISOR VH/NS 25-0297902/21/25 4.1 Sec. 4. Minnesota Statutes 2024, section 626.8457, subdivision 5, is amended to read:
4.2 Subd. 5.Immunity from liability.A The board; chief law enforcement officer,; city,
4.3county, or public official; and employees of the law enforcement agency are immune from
4.4civil or criminal liability, including any liability under chapter 13, for reporting or releasing
4.5public or not public data to the board or a prosecuting authority under subdivisions 3 and
4.64, unless the board; chief law enforcement officer,; city, county, or public official; or
4.7employees of the law enforcement agency presented false information to the board or a
4.8prosecuting authority with the intention of causing reputational harm to the peace officer.
4.9 Sec. 5. [626.893] BRADY-GIGLIO.
4.10 Subdivision 1.Definition."Brady-Giglio designation" means a designation made or list
4.11compiled by a prosecuting agency containing the names and details of peace officers who
4.12have sustained incidents of untruthfulness, criminal convictions, candor issues, or other
4.13issues that place the officer's credibility into question or require disclosure under
4.14Brady-Giglio.
4.15 Subd. 2.Prosecuting agency policy.(a) A prosecuting agency that has made a
4.16Brady-Giglio designation shall adopt a policy that, at a minimum, includes:
4.17 (1) the criteria used by the prosecuting agency to designate a peace officer as Brady-Giglio
4.18impaired or otherwise place an officer on a Brady-Giglio list;
4.19 (2) the duty of the prosecuting agency to provide notice to the officer and the officer's
4.20employing law enforcement agency of the prosecuting agency's decision regarding a
4.21designation of an officer as Brady-Giglio impaired or placement of the officer on a
4.22Brady-Giglio list;
4.23 (3) the officer's right to request reconsideration of the prosecuting agency's determination
4.24to designate an officer as Brady-Giglio impaired or otherwise include the officer on a
4.25Brady-Giglio list and to submit supporting and corroborating documentation and evidence
4.26in support of the officer's request for reconsideration; and
4.27 (4) the applicable time frame and procedures for notifying the officer of the prosecuting
4.28agency's final decision on an officer's request for reconsideration.
4.29 (b) If an officer submits a request for reconsideration pursuant to this subdivision and
4.30the officer's request for reconsideration is approved by the prosecuting agency on its merits,
4.31the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall be
4.32removed. If the officer's request for reconsideration is denied by the prosecuting agency,
4Sec. 5.
REVISOR VH/NS 25-0297902/21/25 5.1the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall
5.2remain.
5.3 (c) If the prosecuting agency designates the officer as Brady-Giglio impaired or otherwise
5.4places the officer on a Brady-Giglio list, the prosecuting agency shall send a written notice
5.5by United States mail or email to the officer's current or last known employment address.
5.6Upon receipt of the notice and if the officer's contact information is known, the officer's
5.7current or last known employer shall provide the written notice to the officer. The written
5.8notice shall include, at a minimum:
5.9 (1) the officer's right to request reconsideration of the prosecuting agency's determination
5.10to designate the officer as Brady-Giglio impaired or otherwise include the officer on a
5.11Brady-Giglio list and to submit information in support of the officer's request;
5.12 (2) the prosecuting agency's procedural requirements for submitting a written request
5.13for reconsideration of the prosecuting agency's determination that an officer is Brady-Giglio
5.14impaired or placement of the officer on a Brady-Giglio list; and
5.15 (3) notice that if the officer requests reconsideration and the officer's request for
5.16reconsideration is approved by the prosecuting agency on its merits, the Brady-Giglio
5.17designation and placement of the officer on a Brady-Giglio list shall be removed. If the
5.18officer's request for reconsideration is denied by the prosecuting agency, the Brady-Giglio
5.19designation and placement of the officer on a Brady-Giglio list shall remain.
5.20 (d) This subdivision does not limit the duty of a prosecuting agency to produce
5.21Brady-Giglio discovery evidence in all cases as required by the United States Constitution,
5.22the Minnesota Constitution, and the Rules of Criminal Procedure.
5.23 (e) This subdivision does not limit or restrict a prosecuting agency's right to remove a
5.24designation that an officer is Brady-Giglio impaired or placement of an officer from a
5.25Brady-Giglio list.
5.26 Sec. 6. TASK FORCE.
5.27 Subdivision 1.Establishment; membership.(a) The commissioner of public safety
5.28must establish a task force to:
5.29 (1) advise on the minimum requirements for what a prosecuting authority would consider
5.30Brady-Giglio impeachment evidence of a peace officer;
5.31 (2) create a process by which an officer on a Brady-Giglio "Do Not Call" list may
5.32challenge inclusion on that list; and
5Sec. 6.
REVISOR VH/NS 25-0297902/21/25 6.1 (3) analyze the advisability of implementing a statewide system tracking officers with
6.2histories of misconduct that implicate Brady-Giglio.
6.3 (b) The task force consists of the following members:
6.4 (1) the attorney general or a designee;
6.5 (2) three county attorneys, including:
6.6 (i) two county attorneys representing the counties with the two highest caseloads in the
6.7state; and
6.8 (ii) a county attorney designated by the Minnesota County Attorney's Association;
6.9 (3) two city attorneys, including:
6.10 (i) a city attorney representing the city with the highest caseload in the state; and
6.11 (ii) a city attorney designated by the Minnesota Association of City Attorneys;
6.12 (4) three public defenders, including:
6.13 (i) two public defenders representing the counties with the two highest caseloads in the
6.14state; and
6.15 (ii) a public defender designated by the State Chief Public Defender;
6.16 (5) three private criminal defense attorneys appointed by the governor;
6.17 (6) two members of law enforcement, one designated by the Minnesota Police and Peace
6.18Officers Association and one appointed by the governor;
6.19 (7) a civil rights attorney appointed by the governor; and
6.20 (8) one member of the public who is not employed by law enforcement or acting as a
6.21lawyer in the criminal justice system appointed by the governor.
6.22 (c) Members of the task force serve without compensation.
6.23 (d) Members of the task force serve at the pleasure of the appointing authority or until
6.24the task force expires. Vacancies shall be filled by the appointing authority consistent with
6.25the qualifications of the vacating member required by this subdivision.
6.26 Subd. 2.Officers; meetings.(a) The task force shall elect a chair and vice-chair and
6.27may elect other officers as necessary.
6.28 (b) The commissioner of public safety shall convene the first meeting of the task force
6.29no later than August 1, 2025, and shall provide meeting space and administrative assistance
6.30as necessary for the task force to conduct its work.
6Sec. 6.
REVISOR VH/NS 25-0297902/21/25 7.1 (c) The task force shall meet at least monthly or upon the call of its chair. The task force
7.2shall meet sufficiently enough to accomplish the duties identified in this section. Meetings
7.3of the task force are subject to Minnesota Statutes, chapter 13D.
7.4 Subd. 3.Duties.(a) The task force shall examine and make recommendations on:
7.5 (1) the minimum requirements for what a prosecuting authority would consider
7.6Brady-Giglio impeachment evidence of a peace officer;
7.7 (2) the advisability of implementing a statewide system tracking officers with histories
7.8of misconduct that implicate Brady-Giglio; and
7.9 (3) procedures, due process protections, appeal rights, and criteria for the placement or
7.10removal of a peace officer's name on or from a Brady-Giglio "Do Not Call" list.
7.11 (b) The task force may receive and consider information from other organizations or
7.12individuals relevant to the purpose of the task force and may make relevant recommendations
7.13in addition to those identified under this subdivision.
7.14 Subd. 4.Report.On or before December 1, 2025, the task force shall report to the chairs
7.15and ranking minority members of the legislative committees and divisions with jurisdiction
7.16over public safety on the work of the task force. The report shall include at a minimum its
7.17findings and recommendations.
7.18 Subd. 5.Expiration.The task force expires upon submission of the report required
7.19under subdivision 4.
7.20 Sec. 7. EFFECTIVE DATE.
7.21 This act is effective the day following final enactment.
7Sec. 7.
REVISOR VH/NS 25-0297902/21/25