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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (202 3)
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32	32	HOUSE BILL 2223 By: Ford
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38	38	AS INTRODUCED
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40	40	An Act relating to law enforcement officers; defining
41	41	terms; directing prosecuting agencies that maintain
42	42	Brady-Giglio lists to adopt certa in policies;
43	43	directing prosecuting agencies to s end written notice
44	44	or email to officer prior to placing the officer on
45	45	the list; providing information to be included in the
46	46	written notice; directing prosecuting agencies to
47	47	send written notice o r email after making certain
48	48	determination; providing information to be included
49	49	in the written notice; authorizing officers to submit
50	50	requests for reconsideration; providing procedures
51	51	for requesting reconsideration; stating continuing
52	52	duty of prosecuting agencies to produce Brady-Giglio
53	53	evidence; allowing prosecuting agencies the ability
54	54	to remove names when necessary; stating restriction
55	55	for causes of action; providing for codification; and
56	56	providing an effective date.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. NEW LAW A new section of law to be codified
64	64	in the Oklahoma Statutes as Section 39.1 of Title 22, unless there
65	65	is created a duplication in numbering, reads as follows:
66	66	A. As used in this section :
67	67	1. "Brady-Giglio list" means a list compiled by a prosecuting
68	68	agency containing the names and details of officers who have
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95	95	sustained incidents of untruthfulness, criminal convictions, candor
96	96	issues, or some other type of issue which places the credibility of
97	97	the officer into question;
98	98	2. "Officer" means a certified law enforcement officer, peace
99	99	officer, firefighter, emergency medical technician, cor rections
100	100	officer, detention officer, jailer, probation or parole of ficer,
101	101	communications officer, or any other l aw enforcement officer
102	102	certified by the Council on Law Enforcement Education and Training
103	103	and employed by a municipality, county, or state agency ; and
104	104	3. "Prosecuting agency" means the Attorney General, an
105	105	Assistant Attorneys General, the district attorney, an assistant
106	106	district attorney, a special prosecutor, a city attorney, or an
107	107	assistant city attorney .
108	108	B. A prosecuting agency that maintains a Brady -Giglio list
109	109	shall adopt a policy that, at a minimum, inclu des all of the
110	110	following:
111	111	1. The criteria used by the prosecuting agency to place the
112	112	name of an officer on a Brady-Giglio list;
113	113	2. The right of the officer to receive written notice before
114	114	the prosecuting agency places the name of the officer on a Brady-
115	115	Giglio list, and the right of the officer to provide input to the
116	116	prosecuting agency before the prosecuting agency makes a
117	117	determination of whether the name of the officer should be placed on
118	118	a Brady-Giglio list;
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145	145	3. The duty of the prosecuting agency to provide notice of the
146	146	decision of the prosecuting agency regarding placement of the name
147	147	of the officer on a Brady-Giglio list;
148	148	4. The right of the officer to make a request for
149	149	reconsideration of the determination of the prosecuting agency to
150	150	include the name of the officer on a Brady-Giglio list and to submit
151	151	supporting and corroborating documents and evidence in support of
152	152	the request for reconsideration made by the officer; and
153	153	5. The applicable time frame and procedures for notifying the
154	154	officer of the final decision of the prosecuting agency on request
155	155	for reconsideration made by the officer.
156	156	C. Before a prosecuting agency places the name of an officer on
157	157	a Brady-Giglio list, the prosecuting agency shall send a written
158	158	notice by mail or email to the current or last known employment
159	159	address of the officer. Upon receipt of the notice, and if the
160	160	contact information of the officer is known, the current or last
161	161	known employer of the officer shall provide the written notice to
162	162	the officer. The written notice shall include, at a minimum, all of
163	163	the following:
164	164	1. A notice that the name of the officer may be placed on a
165	165	Brady-Giglio list;
166	166	2. The right of the officer to request documents, records, and
167	167	any other evidence in the possession of the prosecuting agency
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194	194	relevant to the determination of whet her the name of the officer
195	195	should be placed on a Brady -Giglio list from the prosecuting agency ;
196	196	3. The right of the officer to provide input to the prosecuting
197	197	agency prior to its determination of whether the name of the officer
198	198	should be placed on a Bra dy-Giglio list; and
199	199	4. The procedural requirements of the prosecuting agency for an
200	200	officer to provide input to the prosecuting agency prior to its
201	201	determination of whether the name of the officer should be placed on
202	202	a Brady-Giglio list.
203	203	D. If the prosecuting agency makes a determination to place the
204	204	name of an officer on a Brady-Giglio list, the prosecuting agency
205	205	shall send a written notice by mail or email to the current or last
206	206	known employment address of the officer. Upon receipt of the
207	207	notice, and if the contact information of the officer is known, the
208	208	current or last known employer of the officer shall provide the
209	209	written notice to the officer. The written notice shall include, at
210	210	a minimum, all of the following:
211	211	1. The right of the officer to make a request to reconsider the
212	212	allegations and the placement of the name of the officer on a Brady-
213	213	Giglio list;
214	214	2. The procedural requirements of the prosecuting agency for
215	215	submitting a written request for reco nsideration of the
216	216	determination made by the prosecuting agency to place the name of
217	217	the officer on a Brady-Giglio list including the method and time
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244	244	frame for submitting the request for reconsideration and any
245	245	supporting and corroborating documents and ev idence from any
246	246	pertinent sources; and
247	247	3. A statement that, if the officer intends to make a request
248	248	for reconsideration, the officer must submit the written request for
249	249	reconsideration to the prosecuting agency within ten (10) business
250	250	days after receiving the notice.
251	251	E. If an officer submits a request for reconsideration pursuant
252	252	to this subsection and the request for reconsideration made by the
253	253	officer is approved by the prosecuting agency on its merits, the
254	254	name of the officer shall be removed from th e Brady-Giglio list. If
255	255	the request for reconsideration made by the officer is denied by the
256	256	prosecuting agency, the name of the officer shall remain on the
257	257	Brady-Giglio list. If the officer does not submit a reques t for
258	258	reconsideration or fails to compl y with the requirements for
259	259	submitting a request for reconsideration, the name of the officer
260	260	shall remain on the Brady -Giglio list.
261	261	F. An officer whose name was placed on a Brady -Giglio list
262	262	prior to the effective d ate of this act shall have the right to
263	263	request reconsiderat ion as follows:
264	264	1. A prosecuting agency shall notify the officer, within ninety
265	265	(90) days of the effective date of this act, and provide the officer
266	266	with the information required under the provisions of subsection D
267	267	of this section.
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294	294	2. Upon receipt of a notification from a prosecuting agency
295	295	pursuant to paragraph 1 of this subsection, an officer shall have
296	296	ten (10) days to request reconsideration.
297	297	G. The provisions of t his section does not limit the duty of a
298	298	prosecuting agency to pr oduce Brady-Giglio discovery evidence in all
299	299	cases as required by the Constitution of the United States, the
300	300	Constitution of the State of Oklahoma, and the rules of criminal
301	301	procedure, including after the initial plac ement of the name of an
302	302	officer on a Brady-Giglio list, while the decision or a request for
303	303	reconsideration is still under consideration.
304	304	H. The provisions of t his section do not limit or restrict the
305	305	ability of a prosecuting agency to remove the name of an officer
306	306	from a Brady-Giglio list if, upon receipt of additional supporting
307	307	and corroborating information or a change in factual circumstances
308	308	at any time, the prosecuting agency determines that the name of the
309	309	officer no longer requires placement on a B rady-Giglio list.
310	310	I. The provisions of this section does not create a private
311	311	cause of action against a prosecuting agency or an employee of a
312	312	prosecuting agency.
313	313	SECTION 2. This act shall become effective November 1, 2023.
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315	315	59-1-5784 GRS 01/11/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2223 Compare Versions