Req. No. 5784 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2223 By: Ford
AS INTRODUCED
An Act relating to law enforcement officers; defining
terms; directing prosecuting agencies that maintain
Brady-Giglio lists to adopt certa in policies;
directing prosecuting agencies to s end written notice
or email to officer prior to placing the officer on
the list; providing information to be included in the
written notice; directing prosecuting agencies to
send written notice o r email after making certain
determination; providing information to be included
in the written notice; authorizing officers to submit
requests for reconsideration; providing procedures
for requesting reconsideration; stating continuing
duty of prosecuting agencies to produce Brady-Giglio
evidence; allowing prosecuting agencies the ability
to remove names when necessary; stating restriction
for causes of action; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 39.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section :
1. "Brady-Giglio list" means a list compiled by a prosecuting
agency containing the names and details of officers who have
Req. No. 5784 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sustained incidents of untruthfulness, criminal convictions, candor
issues, or some other type of issue which places the credibility of
the officer into question;
2. "Officer" means a certified law enforcement officer, peace
officer, firefighter, emergency medical technician, cor rections
officer, detention officer, jailer, probation or parole of ficer,
communications officer, or any other l aw enforcement officer
certified by the Council on Law Enforcement Education and Training
and employed by a municipality, county, or state agency ; and
3. "Prosecuting agency" means the Attorney General, an
Assistant Attorneys General, the district attorney, an assistant
district attorney, a special prosecutor, a city attorney, or an
assistant city attorney .
B. A prosecuting agency that maintains a Brady -Giglio list
shall adopt a policy that, at a minimum, inclu des all of the
following:
1. The criteria used by the prosecuting agency to place the
name of an officer on a Brady-Giglio list;
2. The right of the officer to receive written notice before
the prosecuting agency places the name of the officer on a Brady-
Giglio list, and the right of the officer to provide input to the
prosecuting agency before the prosecuting agency makes a
determination of whether the name of the officer should be placed on
a Brady-Giglio list;
Req. No. 5784 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The duty of the prosecuting agency to provide notice of the
decision of the prosecuting agency regarding placement of the name
of the officer on a Brady-Giglio list;
4. The right of the officer to make a request for
reconsideration of the determination of the prosecuting agency to
include the name of the officer on a Brady-Giglio list and to submit
supporting and corroborating documents and evidence in support of
the request for reconsideration made by the officer; and
5. The applicable time frame and procedures for notifying the
officer of the final decision of the prosecuting agency on request
for reconsideration made by the officer.
C. Before a prosecuting agency places the name of an officer on
a Brady-Giglio list, the prosecuting agency shall send a written
notice by mail or email to the current or last known employment
address of the officer. Upon receipt of the notice, and if the
contact information of the officer is known, the current or last
known employer of the officer shall provide the written notice to
the officer. The written notice shall include, at a minimum, all of
the following:
1. A notice that the name of the officer may be placed on a
Brady-Giglio list;
2. The right of the officer to request documents, records, and
any other evidence in the possession of the prosecuting agency
Req. No. 5784 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
relevant to the determination of whet her the name of the officer
should be placed on a Brady -Giglio list from the prosecuting agency ;
3. The right of the officer to provide input to the prosecuting
agency prior to its determination of whether the name of the officer
should be placed on a Bra dy-Giglio list; and
4. The procedural requirements of the prosecuting agency for an
officer to provide input to the prosecuting agency prior to its
determination of whether the name of the officer should be placed on
a Brady-Giglio list.
D. If the prosecuting agency makes a determination to place the
name of an officer on a Brady-Giglio list, the prosecuting agency
shall send a written notice by mail or email to the current or last
known employment address of the officer. Upon receipt of the
notice, and if the contact information of the officer is known, the
current or last known employer of the officer shall provide the
written notice to the officer. The written notice shall include, at
a minimum, all of the following:
1. The right of the officer to make a request to reconsider the
allegations and the placement of the name of the officer on a Brady-
Giglio list;
2. The procedural requirements of the prosecuting agency for
submitting a written request for reco nsideration of the
determination made by the prosecuting agency to place the name of
the officer on a Brady-Giglio list including the method and time
Req. No. 5784 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
frame for submitting the request for reconsideration and any
supporting and corroborating documents and ev idence from any
pertinent sources; and
3. A statement that, if the officer intends to make a request
for reconsideration, the officer must submit the written request for
reconsideration to the prosecuting agency within ten (10) business
days after receiving the notice.
E. If an officer submits a request for reconsideration pursuant
to this subsection and the request for reconsideration made by the
officer is approved by the prosecuting agency on its merits, the
name of the officer shall be removed from th e Brady-Giglio list. If
the request for reconsideration made by the officer is denied by the
prosecuting agency, the name of the officer shall remain on the
Brady-Giglio list. If the officer does not submit a reques t for
reconsideration or fails to compl y with the requirements for
submitting a request for reconsideration, the name of the officer
shall remain on the Brady -Giglio list.
F. An officer whose name was placed on a Brady -Giglio list
prior to the effective d ate of this act shall have the right to
request reconsiderat ion as follows:
1. A prosecuting agency shall notify the officer, within ninety
(90) days of the effective date of this act, and provide the officer
with the information required under the provisions of subsection D
of this section.
Req. No. 5784 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Upon receipt of a notification from a prosecuting agency
pursuant to paragraph 1 of this subsection, an officer shall have
ten (10) days to request reconsideration.
G. The provisions of t his section does not limit the duty of a
prosecuting agency to pr oduce Brady-Giglio discovery evidence in all
cases as required by the Constitution of the United States, the
Constitution of the State of Oklahoma, and the rules of criminal
procedure, including after the initial plac ement of the name of an
officer on a Brady-Giglio list, while the decision or a request for
reconsideration is still under consideration.
H. The provisions of t his section do not limit or restrict the
ability of a prosecuting agency to remove the name of an officer
from a Brady-Giglio list if, upon receipt of additional supporting
and corroborating information or a change in factual circumstances
at any time, the prosecuting agency determines that the name of the
officer no longer requires placement on a B rady-Giglio list.
I. The provisions of this section does not create a private
cause of action against a prosecuting agency or an employee of a
prosecuting agency.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5784 GRS 01/11/23