HF1576 (Legislative Session 94 (2025-2026))

Disclosure of personnel data on peace officers and other potential government witnesses to a prosecuting authority required to comply with the authority's constitutional disclosure obligations, Brady-Giglio designation for peace officers provided, task force to examine lists established, and report required.

Related bill: SF2838

AI Generated Summary

This bill, introduced in the Minnesota House of Representatives by Representative Frazier, aims to improve transparency and accountability in law enforcement by requiring the disclosure of personnel data on peace officers to prosecuting authorities to ensure compliance with constitutional disclosure obligations. Specifically, the bill:

  1. Mandates Disclosure to Prosecutors: Law enforcement agencies must provide personnel data on officers who may serve as witnesses in criminal cases if the prosecutor needs the information to meet legal obligations to disclose exculpatory or impeachment evidence (Brady/Giglio requirements). Before sharing sensitive information with defendants, prosecutors must secure a protective order.

  2. Establishes a Brady/Giglio Process: Prosecuting agencies must develop policies on identifying and maintaining lists of officers with credibility issues (e.g., history of untruthfulness, misconduct, or criminal convictions). Officers have the right to be notified, request reconsideration, and present evidence in their defense if placed on such a list.

  3. Expands Law Enforcement Data Reporting: Chiefs of law enforcement agencies must report officer misconduct data to a state board, which will make specific data accessible to prosecutors for their disclosure obligations. The board must also publish annual summary reports on misconduct cases.

  4. Provides Immunity for Data Disclosure: Law enforcement agencies, local governments, and officials who report misconduct data as required by law are immune from civil and criminal liability, except in cases of intentional false reporting.

  5. Creates a Task Force on Brady/Giglio Issues: A task force, comprising prosecutors, public defenders, defense attorneys, law enforcement representatives, and civil rights advocates, will study how officers are placed on Brady/Giglio lists and propose a fair appeal process. The group must deliver a report with recommendations to the legislature by December 1, 2025.

Overall, the bill strengthens prosecutorial oversight of law enforcement witnesses, enhances the tracking and reporting of police misconduct, and seeks to establish due process protections for officers placed on credibility-impaired lists.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 25, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines discoverability of not public data in legal proceedings.",
      "modified": []
    },
    "citation": "13.03 subdivision 6"
  },
  {
    "analysis": {
      "added": [
        "New subdivision for required disclosures by prosecuting authority."
      ],
      "removed": [],
      "summary": "Addresses requests by prosecuting authorities to access government data.",
      "modified": []
    },
    "citation": "13.43"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Details immunity from liability for government entities.",
      "modified": []
    },
    "citation": "13.08"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines public data classification on individuals.",
      "modified": []
    },
    "citation": "13.02 subdivision 15"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines private data classification on individuals.",
      "modified": []
    },
    "citation": "13.02 subdivision 12"
  },
  {
    "analysis": {
      "added": [
        "New reporting requirements for peace officer data."
      ],
      "removed": [],
      "summary": "Addresses annual reporting obligations on peace officers' misconduct.",
      "modified": []
    },
    "citation": "626.8457 subdivision 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides immunity from liability for reporting public or not public data.",
      "modified": []
    },
    "citation": "626.8457 subdivision 5"
  }
]