| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; requiring disclosure of personnel data on peace officers |
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| 3 | 3 | | 1.3 and other potential government witnesses to a prosecuting authority to comply |
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| 4 | 4 | | 1.4 with the authority's constitutional disclosure obligations; providing for a |
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| 5 | 5 | | 1.5 Brady-Giglio designation for peace officers; establishing a task force to examine |
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| 6 | 6 | | 1.6 Brady-Giglio lists; requiring a report; amending Minnesota Statutes 2024, sections |
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| 7 | 7 | | 1.7 13.03, subdivision 6; 13.43, by adding a subdivision; 626.8457, subdivisions 3, |
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| 8 | 8 | | 1.8 5; proposing coding for new law in Minnesota Statutes, chapter 626. |
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| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read: |
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| 11 | 11 | | 1.11 Subd. 6.Discoverability of not public data.(a) If a government entity opposes discovery |
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| 12 | 12 | | 1.12of government data or release of data pursuant to court order on the grounds that the data |
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| 13 | 13 | | 1.13are classified as not public, the party that seeks access to the data may bring before the |
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| 14 | 14 | | 1.14appropriate presiding judicial officer, arbitrator, or administrative law judge an action to |
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| 15 | 15 | | 1.15compel discovery or an action in the nature of an action to compel discovery. |
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| 16 | 16 | | 1.16 The presiding officer shall first decide whether the data are discoverable or releasable |
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| 17 | 17 | | 1.17pursuant to the rules of evidence and of criminal, civil, or administrative procedure |
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| 18 | 18 | | 1.18appropriate to the action. |
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| 19 | 19 | | 1.19 If the data are discoverable the presiding officer shall decide whether the benefit to the |
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| 20 | 20 | | 1.20party seeking access to the data outweighs any harm to the confidentiality interests of the |
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| 21 | 21 | | 1.21entity maintaining the data, or of any person who has provided the data or who is the subject |
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| 22 | 22 | | 1.22of the data, or to the privacy interest of an individual identified in the data. In making the |
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| 23 | 23 | | 1.23decision, the presiding officer shall consider whether notice to the subject of the data is |
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| 24 | 24 | | 1.24warranted and, if warranted, what type of notice must be given. The presiding officer may |
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| 25 | 25 | | 1.25fashion and issue any protective orders necessary to assure proper handling of the data by |
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| 26 | 26 | | 1Section 1. |
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| 27 | 27 | | 25-02979 as introduced02/21/25 REVISOR VH/NS |
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| 28 | 28 | | SENATE |
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| 29 | 29 | | STATE OF MINNESOTA |
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| 30 | 30 | | S.F. No. 2838NINETY-FOURTH SESSION |
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| 31 | 31 | | (SENATE AUTHORS: CLARK) |
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| 32 | 32 | | OFFICIAL STATUSD-PGDATE |
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| 33 | 33 | | Introduction and first reading03/20/2025 |
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| 34 | 34 | | Referred to Judiciary and Public Safety 2.1the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining, |
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| 35 | 35 | | 2.2denying, or describing an act of physical or sexual abuse, the presiding officer shall consider |
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| 36 | 36 | | 2.3the provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject |
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| 37 | 37 | | 2.4to the protections under chapter 5B or section 13.045, the presiding officer shall consider |
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| 38 | 38 | | 2.5the provisions of section 5B.11. |
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| 39 | 39 | | 2.6 (b) This subdivision does not apply to requests by a prosecuting authority to access |
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| 40 | 40 | | 2.7government data under section 13.43, subdivision 20. |
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| 41 | 41 | | 2.8 Sec. 2. Minnesota Statutes 2024, section 13.43, is amended by adding a subdivision to |
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| 42 | 42 | | 2.9read: |
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| 43 | 43 | | 2.10 Subd. 20.Required disclosures by prosecuting authority.(a) Notwithstanding any |
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| 44 | 44 | | 2.11other provision of this section and regardless of the data's classification, a responsible |
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| 45 | 45 | | 2.12authority must release personnel data relating to a complaint or charge against an individual |
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| 46 | 46 | | 2.13to a prosecuting authority if the prosecuting authority communicates that: (1) the individual, |
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| 47 | 47 | | 2.14who is employed by a law enforcement agency, is or may be a witness in a criminal |
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| 48 | 48 | | 2.15prosecution; and (2) the information is for the purposes of complying with a constitutional |
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| 49 | 49 | | 2.16obligation to disclose evidence to a criminal defendant. The prosecuting authority is not |
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| 50 | 50 | | 2.17required to obtain a court order for the release of this personnel data. If the prosecuting |
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| 51 | 51 | | 2.18authority determines that personnel data relating to a complaint or charge against an |
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| 52 | 52 | | 2.19individual that is not public data must be disclosed to the defendant, the classification of |
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| 53 | 53 | | 2.20the data does not change, and the prosecuting authority must secure a protective order prior |
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| 54 | 54 | | 2.21to disclosure to the defendant. The court order may govern the purposes for which the |
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| 55 | 55 | | 2.22personnel data relating to a complaint or charge against the individual may be used, |
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| 56 | 56 | | 2.23reproduction, release to other persons, retention and return of copies, and other requirements |
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| 57 | 57 | | 2.24reasonably necessary for protection of the privacy of the individual who is the subject of |
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| 58 | 58 | | 2.25the data. |
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| 59 | 59 | | 2.26 (b) A government entity or person that releases personnel data to a prosecuting authority |
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| 60 | 60 | | 2.27under paragraph (a) is immune from civil and criminal liability, including any liability under |
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| 61 | 61 | | 2.28section 13.08. |
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| 62 | 62 | | 2.29 Sec. 3. Minnesota Statutes 2024, section 626.8457, subdivision 3, is amended to read: |
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| 63 | 63 | | 2.30 Subd. 3.Report on alleged misconduct; database; report.(a) A chief law enforcement |
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| 64 | 64 | | 2.31officer shall report annually to the board summary data regarding the investigation and |
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| 65 | 65 | | 2.32disposition of cases involving alleged misconduct, indicating the total number of |
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| 66 | 66 | | 2Sec. 3. |
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| 67 | 67 | | 25-02979 as introduced02/21/25 REVISOR VH/NS 3.1investigations, the total number by each subject matter, the number dismissed as unfounded, |
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| 68 | 68 | | 3.2and the number dismissed on grounds that the allegation was unsubstantiated. |
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| 69 | 69 | | 3.3 (b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit |
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| 70 | 70 | | 3.4individual peace officer data classified as public data on individuals, as defined by section |
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| 71 | 71 | | 3.513.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision |
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| 72 | 72 | | 3.612, and submitted using encrypted data that the board determines is necessary to: |
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| 73 | 73 | | 3.7 (1) evaluate the effectiveness of statutorily required training; |
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| 74 | 74 | | 3.8 (2) assist the Public Safety Advisory Council in accomplishing the council's duties; and |
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| 75 | 75 | | 3.9 (3) allow for the board, the Public Safety Advisory Council, and the board's complaint |
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| 76 | 76 | | 3.10investigation committee to identify patterns of behavior that suggest an officer is in crisis |
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| 77 | 77 | | 3.11or is likely to violate a board-mandated model policy. |
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| 78 | 78 | | 3.12 (c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer |
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| 79 | 79 | | 3.13must update data within 30 days of final disposition of a complaint or investigation. |
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| 80 | 80 | | 3.14 (d) Law enforcement agencies and political subdivisions are prohibited from entering |
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| 81 | 81 | | 3.15into a confidentiality agreement that would prevent disclosure of the data identified in |
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| 82 | 82 | | 3.16paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements |
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| 83 | 83 | | 3.17of this section. |
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| 84 | 84 | | 3.18 (e) By February 1 of each year, the board shall prepare a report that contains summary |
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| 85 | 85 | | 3.19data provided under paragraph (b). The board must post the report on its publicly accessible |
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| 86 | 86 | | 3.20website and provide a copy to the chairs and ranking minority members of the senate and |
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| 87 | 87 | | 3.21house of representatives committees and divisions having jurisdiction over criminal justice |
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| 88 | 88 | | 3.22policy. |
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| 89 | 89 | | 3.23 (f) By January 1, 2026, the board shall make data submitted under paragraph (b) relating |
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| 90 | 90 | | 3.24to a complaint or charge against an individual peace officer accessible to a prosecuting |
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| 91 | 91 | | 3.25authority for purposes of complying with the prosecuting authority's constitutional obligation |
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| 92 | 92 | | 3.26to disclose evidence to a criminal defendant. If the prosecuting authority determines that |
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| 93 | 93 | | 3.27data relating to a complaint or charge against an individual peace officer that is not public |
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| 94 | 94 | | 3.28data, as defined by section 13.02, subdivision 8a, must be disclosed to the defendant, the |
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| 95 | 95 | | 3.29classification of the data does not change, and the prosecuting authority must secure a |
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| 96 | 96 | | 3.30protective order prior to disclosure to the defendant. |
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| 97 | 97 | | 3Sec. 3. |
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| 98 | 98 | | 25-02979 as introduced02/21/25 REVISOR VH/NS 4.1 Sec. 4. Minnesota Statutes 2024, section 626.8457, subdivision 5, is amended to read: |
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| 99 | 99 | | 4.2 Subd. 5.Immunity from liability.A The board; chief law enforcement officer,; city, |
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| 100 | 100 | | 4.3county, or public official; and employees of the law enforcement agency are immune from |
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| 101 | 101 | | 4.4civil or criminal liability, including any liability under chapter 13, for reporting or releasing |
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| 102 | 102 | | 4.5public or not public data to the board or a prosecuting authority under subdivisions 3 and |
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| 103 | 103 | | 4.64, unless the board; chief law enforcement officer,; city, county, or public official; or |
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| 104 | 104 | | 4.7employees of the law enforcement agency presented false information to the board or a |
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| 105 | 105 | | 4.8prosecuting authority with the intention of causing reputational harm to the peace officer. |
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| 106 | 106 | | 4.9 Sec. 5. [626.893] BRADY-GIGLIO. |
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| 107 | 107 | | 4.10 Subdivision 1.Definition."Brady-Giglio designation" means a designation made or list |
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| 108 | 108 | | 4.11compiled by a prosecuting agency containing the names and details of peace officers who |
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| 109 | 109 | | 4.12have sustained incidents of untruthfulness, criminal convictions, candor issues, or other |
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| 110 | 110 | | 4.13issues that place the officer's credibility into question or require disclosure under |
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| 111 | 111 | | 4.14Brady-Giglio. |
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| 112 | 112 | | 4.15 Subd. 2.Prosecuting agency policy.(a) A prosecuting agency that has made a |
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| 113 | 113 | | 4.16Brady-Giglio designation shall adopt a policy that, at a minimum, includes: |
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| 114 | 114 | | 4.17 (1) the criteria used by the prosecuting agency to designate a peace officer as Brady-Giglio |
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| 115 | 115 | | 4.18impaired or otherwise place an officer on a Brady-Giglio list; |
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| 116 | 116 | | 4.19 (2) the duty of the prosecuting agency to provide notice to the officer and the officer's |
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| 117 | 117 | | 4.20employing law enforcement agency of the prosecuting agency's decision regarding a |
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| 118 | 118 | | 4.21designation of an officer as Brady-Giglio impaired or placement of the officer on a |
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| 119 | 119 | | 4.22Brady-Giglio list; |
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| 120 | 120 | | 4.23 (3) the officer's right to request reconsideration of the prosecuting agency's determination |
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| 121 | 121 | | 4.24to designate an officer as Brady-Giglio impaired or otherwise include the officer on a |
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| 122 | 122 | | 4.25Brady-Giglio list and to submit supporting and corroborating documentation and evidence |
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| 123 | 123 | | 4.26in support of the officer's request for reconsideration; and |
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| 124 | 124 | | 4.27 (4) the applicable time frame and procedures for notifying the officer of the prosecuting |
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| 125 | 125 | | 4.28agency's final decision on an officer's request for reconsideration. |
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| 126 | 126 | | 4.29 (b) If an officer submits a request for reconsideration pursuant to this subdivision and |
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| 127 | 127 | | 4.30the officer's request for reconsideration is approved by the prosecuting agency on its merits, |
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| 128 | 128 | | 4.31the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall be |
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| 129 | 129 | | 4.32removed. If the officer's request for reconsideration is denied by the prosecuting agency, |
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| 130 | 130 | | 4Sec. 5. |
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| 131 | 131 | | 25-02979 as introduced02/21/25 REVISOR VH/NS 5.1the Brady-Giglio designation and placement of the officer on a Brady-Giglio list shall |
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| 132 | 132 | | 5.2remain. |
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| 133 | 133 | | 5.3 (c) If the prosecuting agency designates the officer as Brady-Giglio impaired or otherwise |
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| 134 | 134 | | 5.4places the officer on a Brady-Giglio list, the prosecuting agency shall send a written notice |
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| 135 | 135 | | 5.5by United States mail or email to the officer's current or last known employment address. |
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| 136 | 136 | | 5.6Upon receipt of the notice and if the officer's contact information is known, the officer's |
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| 137 | 137 | | 5.7current or last known employer shall provide the written notice to the officer. The written |
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| 138 | 138 | | 5.8notice shall include, at a minimum: |
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| 139 | 139 | | 5.9 (1) the officer's right to request reconsideration of the prosecuting agency's determination |
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| 140 | 140 | | 5.10to designate the officer as Brady-Giglio impaired or otherwise include the officer on a |
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| 141 | 141 | | 5.11Brady-Giglio list and to submit information in support of the officer's request; |
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| 142 | 142 | | 5.12 (2) the prosecuting agency's procedural requirements for submitting a written request |
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| 143 | 143 | | 5.13for reconsideration of the prosecuting agency's determination that an officer is Brady-Giglio |
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| 144 | 144 | | 5.14impaired or placement of the officer on a Brady-Giglio list; and |
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| 145 | 145 | | 5.15 (3) notice that if the officer requests reconsideration and the officer's request for |
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| 146 | 146 | | 5.16reconsideration is approved by the prosecuting agency on its merits, the Brady-Giglio |
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| 147 | 147 | | 5.17designation and placement of the officer on a Brady-Giglio list shall be removed. If the |
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| 148 | 148 | | 5.18officer's request for reconsideration is denied by the prosecuting agency, the Brady-Giglio |
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| 149 | 149 | | 5.19designation and placement of the officer on a Brady-Giglio list shall remain. |
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| 150 | 150 | | 5.20 (d) This subdivision does not limit the duty of a prosecuting agency to produce |
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| 151 | 151 | | 5.21Brady-Giglio discovery evidence in all cases as required by the United States Constitution, |
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| 152 | 152 | | 5.22the Minnesota Constitution, and the Rules of Criminal Procedure. |
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| 153 | 153 | | 5.23 (e) This subdivision does not limit or restrict a prosecuting agency's right to remove a |
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| 154 | 154 | | 5.24designation that an officer is Brady-Giglio impaired or placement of an officer from a |
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| 155 | 155 | | 5.25Brady-Giglio list. |
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| 156 | 156 | | 5.26 Sec. 6. TASK FORCE. |
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| 157 | 157 | | 5.27 Subdivision 1.Establishment; membership.(a) The commissioner of public safety |
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| 158 | 158 | | 5.28must establish a task force to: |
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| 159 | 159 | | 5.29 (1) advise on the minimum requirements for what a prosecuting authority would consider |
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| 160 | 160 | | 5.30Brady-Giglio impeachment evidence of a peace officer; |
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| 161 | 161 | | 5.31 (2) create a process by which an officer on a Brady-Giglio "Do Not Call" list may |
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| 162 | 162 | | 5.32challenge inclusion on that list; and |
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| 163 | 163 | | 5Sec. 6. |
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| 164 | 164 | | 25-02979 as introduced02/21/25 REVISOR VH/NS 6.1 (3) analyze the advisability of implementing a statewide system tracking officers with |
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| 165 | 165 | | 6.2histories of misconduct that implicate Brady-Giglio. |
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| 166 | 166 | | 6.3 (b) The task force consists of the following members: |
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| 167 | 167 | | 6.4 (1) the attorney general or a designee; |
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| 168 | 168 | | 6.5 (2) three county attorneys, including: |
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| 169 | 169 | | 6.6 (i) two county attorneys representing the counties with the two highest caseloads in the |
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| 170 | 170 | | 6.7state; and |
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| 171 | 171 | | 6.8 (ii) a county attorney designated by the Minnesota County Attorney's Association; |
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| 172 | 172 | | 6.9 (3) two city attorneys, including: |
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| 173 | 173 | | 6.10 (i) a city attorney representing the city with the highest caseload in the state; and |
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| 174 | 174 | | 6.11 (ii) a city attorney designated by the Minnesota Association of City Attorneys; |
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| 175 | 175 | | 6.12 (4) three public defenders, including: |
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| 176 | 176 | | 6.13 (i) two public defenders representing the counties with the two highest caseloads in the |
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| 177 | 177 | | 6.14state; and |
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| 178 | 178 | | 6.15 (ii) a public defender designated by the State Chief Public Defender; |
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| 179 | 179 | | 6.16 (5) three private criminal defense attorneys appointed by the governor; |
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| 180 | 180 | | 6.17 (6) two members of law enforcement, one designated by the Minnesota Police and Peace |
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| 181 | 181 | | 6.18Officers Association and one appointed by the governor; |
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| 182 | 182 | | 6.19 (7) a civil rights attorney appointed by the governor; and |
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| 183 | 183 | | 6.20 (8) one member of the public who is not employed by law enforcement or acting as a |
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| 184 | 184 | | 6.21lawyer in the criminal justice system appointed by the governor. |
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| 185 | 185 | | 6.22 (c) Members of the task force serve without compensation. |
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| 186 | 186 | | 6.23 (d) Members of the task force serve at the pleasure of the appointing authority or until |
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| 187 | 187 | | 6.24the task force expires. Vacancies shall be filled by the appointing authority consistent with |
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| 188 | 188 | | 6.25the qualifications of the vacating member required by this subdivision. |
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| 189 | 189 | | 6.26 Subd. 2.Officers; meetings.(a) The task force shall elect a chair and vice-chair and |
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| 190 | 190 | | 6.27may elect other officers as necessary. |
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| 191 | 191 | | 6.28 (b) The commissioner of public safety shall convene the first meeting of the task force |
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| 192 | 192 | | 6.29no later than August 1, 2025, and shall provide meeting space and administrative assistance |
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| 193 | 193 | | 6.30as necessary for the task force to conduct its work. |
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| 194 | 194 | | 6Sec. 6. |
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| 195 | 195 | | 25-02979 as introduced02/21/25 REVISOR VH/NS 7.1 (c) The task force shall meet at least monthly or upon the call of its chair. The task force |
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| 196 | 196 | | 7.2shall meet sufficiently enough to accomplish the duties identified in this section. Meetings |
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| 197 | 197 | | 7.3of the task force are subject to Minnesota Statutes, chapter 13D. |
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| 198 | 198 | | 7.4 Subd. 3.Duties.(a) The task force shall examine and make recommendations on: |
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| 199 | 199 | | 7.5 (1) the minimum requirements for what a prosecuting authority would consider |
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| 200 | 200 | | 7.6Brady-Giglio impeachment evidence of a peace officer; |
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| 201 | 201 | | 7.7 (2) the advisability of implementing a statewide system tracking officers with histories |
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| 202 | 202 | | 7.8of misconduct that implicate Brady-Giglio; and |
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| 203 | 203 | | 7.9 (3) procedures, due process protections, appeal rights, and criteria for the placement or |
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| 204 | 204 | | 7.10removal of a peace officer's name on or from a Brady-Giglio "Do Not Call" list. |
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| 205 | 205 | | 7.11 (b) The task force may receive and consider information from other organizations or |
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| 206 | 206 | | 7.12individuals relevant to the purpose of the task force and may make relevant recommendations |
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| 207 | 207 | | 7.13in addition to those identified under this subdivision. |
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| 208 | 208 | | 7.14 Subd. 4.Report.On or before December 1, 2025, the task force shall report to the chairs |
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| 209 | 209 | | 7.15and ranking minority members of the legislative committees and divisions with jurisdiction |
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| 210 | 210 | | 7.16over public safety on the work of the task force. The report shall include at a minimum its |
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| 211 | 211 | | 7.17findings and recommendations. |
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| 212 | 212 | | 7.18 Subd. 5.Expiration.The task force expires upon submission of the report required |
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| 213 | 213 | | 7.19under subdivision 4. |
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| 214 | 214 | | 7.20 Sec. 7. EFFECTIVE DATE. |
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| 215 | 215 | | 7.21 This act is effective the day following final enactment. |
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| 216 | 216 | | 7Sec. 7. |
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| 217 | 217 | | 25-02979 as introduced02/21/25 REVISOR VH/NS |
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