SENATE FLOOR VERSION - SB461 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
March 4, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 461 By: Hamilton
An Act relating to law enforcement officers; defining
terms; directing prosecuting agencies that maintain
Brady-Giglio lists to adopt certain policies;
directing prosecuting agencies to provide certain
notices; requiring certain information within the
notice; directing prosecuting agencies to provide
written notice after making certain determinations;
requiring certain information within the written
notice; authorizing officers to submit requests for
reconsideration; providing procedures for requesting
reconsideration; stating continuing duty of
prosecuting agencies; allowing prosecuting agencies
the ability to remove names; 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
individual that contains the names and details of officers who have
sustained incidents of untruthfulness, criminal convictions, candor
SENATE FLOOR VERSION - SB461 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, corrections
officer, detention officer, jailer, probation or parole officer,
communications officer, or any other law enforcement officer
certified by the Council on Law Enforcement Education and Training
and employed by a municipality, county, or state ag ency; and
3. “Prosecuting individual ” means the Attorney General, a
district attorney, a special prosecutor, a city attorney, or any
other individual authorized to prosecute crimes in this state.
B. A prosecuting individual that maintains a Brady -Giglio list
shall adopt a policy that includes, but is not limited to, the
following information:
1. The criteria used by the prosecuting individual to place an
officer on a Brady-Giglio list;
2. The right of the officer to receive written notice before
the prosecuting individual places the officer on a Brady-Giglio
list;
3. The right of the officer to provide input to the prosecuting
individual before the prosecuting individual makes a final
determination of whether the officer should be placed on a Brady-
Giglio list;
SENATE FLOOR VERSION - SB461 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. The duty of the prosecuting individual to provide notice of
his or her decision regarding placement of the officer on a Brady-
Giglio list;
5. The right of the officer to make a request for
reconsideration of the determination of the prosecuti ng individual
to include 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
6. The applicable time frame and procedures for notifying the
officer of the final decision of the prosecuting individual on the
request for reconsideration made by the officer.
C. Before a prosecuting individual places an officer on a
Brady-Giglio list, the prosecuting individual shall send a written
notice by United States Postal Service mail or electronic mail to
the current or last known employer 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,
but not be limited to, the following information:
1. A statement that the officer may be placed on a Brady-Giglio
list maintained by the prosecuting individual;
2. The right of the off icer to request documents, records, and
any other evidence in the p ossession of the prosecuting individual
SENATE FLOOR VERSION - SB461 SFLR Page 4
(Bold face denotes Committee Amendments) 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 placing the officer on a Brady-
Giglio list maintained by the prosecuting individual;
3. The right of the officer to provide information to the
prosecuting individual prior to the prosecuting individual making
his or her final determination; and
4. The procedural requirements for the officer to provide
information to the prosecuting individual prior to the prosecuting
individual’s final determination, including the method and time
frame for submitting the request for reconsideration and any
supporting and corroborating documents and evidence from any
pertinent sources.
D. If a prosecuting individual makes the determina tion to place
an officer on a Brady -Giglio list, the prosecuting individual shall
send a written notice by United States Postal Service or electronic
mail to the current or last known employer of the officer. Upon
receipt of the notice, and if the contact information of the officer
is known, the current or last known emp loyer of the officer shall
provide the written notice to the officer. The written notice shall
include, but not be limited to, the following information:
1. The right of the officer to ma ke a request to reconsider his
or her placement on the Brady -Giglio list maintained by the
prosecuting individual;
2. The procedural requirements for an officer to provide
information to the prosecuting individual prior to the prosecuting
SENATE FLOOR VERSION - SB461 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
individual’s final determination, including the method and time
frame for submitting the request for reconsideration and any
supporting and corroborating documents and evidence 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 individual within thirty (30)
days of the notice being sent to the officer ’s current or last known
employer.
E. If an officer submits a request for rec onsideration pursuant
to this subsection and the request for recons ideration made by the
officer is approved by the prosecuting individual, the officer shall
be removed from the Brady -Giglio list maintained by the prosecuting
individual. If the request fo r reconsideration made by the officer
is denied by the prosecuting individual, the name of the officer
shall remain on the Brady -Giglio list maintained by the prosecuting
individual. If the officer does not submit a request for
reconsideration or fails to comply with the requirements for
submitting a request for reconsid eration, the name of the officer
shall remain on the Brady -Giglio list maintained by the prosecuting
individual.
F. An officer whose name was placed on the Brady -Giglio list
maintained by the prosecuting individual prior to the effective date
SENATE FLOOR VERSION - SB461 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of this act shall have the right to request reconsideration as
follows:
1. A prosecuting individual who maintains a Brady -Giglio list
prior to the effective date of this act shall notify all officers on
the list within ninety (90) days of the effective date of this a ct,
pursuant to provisions of subsection D of this section; and
2. Upon receipt of a notification from a prosecuting individual
pursuant to paragraph 1 of this subsection, the officer who intends
to make a request for reconsideration must submit the written
request to the prosecuting individual within thirty (30) days of the
notice being sent to the officer ’s current or last known employer.
G. The provisions of this section shall not be co nstrued to
limit the duty of a prosecuting individual to produce Br ady-Giglio
discovery evidence in all cases as required by the United States
Constitution, the Oklahoma Constitution, and the rules of criminal
procedure, including after the initial placeme nt of an officer on a
Brady-Giglio list, while the decision or a request for
reconsideration is still under consideration.
H. The provisions of this section shall not be construed to
limit or restrict the ability of a prosecuting individual to remove
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 individual determines
SENATE FLOOR VERSION - SB461 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
that the officer no longer requires placement on a Brady-Giglio
list.
I. The provisions of this section shall not create a private
cause of action against a prosecuting individual or an employee of a
prosecuting individual for any damages caused by the inclusion of an
officer on a Brady-Giglio list maintained by a pro secuting
individual.
SECTION 2. This act shall bec ome effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
March 4, 2025 - DO PASS AS AMENDED BY CS