SF1813

Purpose and Scope

This bill creates and explains how prosecuting agencies should handle Brady-Giglio lists. It sets up a formal policy, rights for peace officers, and a process for deciding whether an officer’s name should be on a Brady-Giglio list. It also adds protections around how records are shared and reviewed, and requires ongoing coordination among agencies.

Key terms and definitions

• BradyGiglio list: a list or database kept by a prosecuting agency that includes peace officers whose personnel records contain BradyGiglio material.
• BradyGiglio material: sustained, documented issues such as untruthfulness, bias against a protected class, criminal convictions, candor issues, or abuse of police authority.
• Peace officer: a law enforcement officer as defined by Minnesota law.
• Prosecuting agency: a county attorney, assistant county attorney, city attorney, assistant city attorney, or any attorney contracted to prosecute criminal offenses for a city or municipality.

Main provisions

• Policy required for BradyGiglio lists
  • Agencies must adopt a policy that includes: the criteria for placing a name on the list; the officer’s right to written notice and to provide input before final placement; notification to the officer’s employer; the officer’s right to request reconsideration with supporting evidence; time frames for reconsideration; and a process for the employing agency to seek a district court determination about the policy or placement.
  • The criteria may not include unsubstantiated conduct or unintentional mistakes (e.g., errors or neglect).
• Notice and input rights
  • Before placing an officer on the list, the agency must send written notice to the officer and the officer’s employer with key rights: to review evidence, to input before the final decision, and the agency’sprocedural steps.
  • If a decision is made to place the officer on the list, the agency must notify the officer and employer again with the officer’s rights and the process for reconsideration.
• Reconsideration process
  • Officers may request reconsideration within ten business days of receiving the notice, including any supporting documents.
  • If reconsideration is granted on its merits, the officer’s name is removed from the list; if denied, the name stays.
  • If an officer does not submit a timely reconsideration, the name remains on the list.
• Special notice for pre-August 1, 2025 placements
  • By November 1, 2025, agencies must notify officers whose names were placed on a BradyGiglio list before August 1, 2025 that they have the right to request reconsideration, with the same information and time frame (ten business days) to respond.
• Judicial review and court determinations
  • Officers (or their employers) may petition the district court to determine whether the agency’s placement decision complies with BradyGiglio or the Minnesota Rules of Criminal Procedure (rules 9.01 or 9.04).
  • A court ruling on this issue governs the applicable disclosure requirements for that conduct.
• Data disclosure and protection
  • Public release of peace officers’ personnel files, medical records, or statements is generally prohibited unless required by law.
  • Records may be shared with the officer or the officer’s legal counsel or as otherwise provided by law or court order.
  • Agencies may share nonpublic data summaries with employing agencies to help determine BradyGiglio disclosures.
• Coordination and oversight
  • Prosecution agencies must meet at least once a year with chief law enforcement officers to review the policy and how BradyGiglio information is disclosed.
• Duty to disclose remains
  • The bill does not change the prosecuting agency’s independent duty to disclose information or material used to impeach a witness’s credibility under BradyGiglio or related law, even if the witness is not on a BradyGiglio list.

Impact and what changes

• Creates a formal, rights-based process for placing and potentially removing officers from BradyGiglio lists.
• Adds required notices, input opportunities, and a structured reconsideration path with defined deadlines.
• Establishes channels for judicial review to ensure compliance with BradyGiglio and related rules.
• Tightens data privacy around personnel records while permitting necessary sharing for review and defense.
• Encourages ongoing coordination among prosecuting and local law enforcement agencies to improve consistency and transparency.

Timeline and key deadlines

• Reconsideration window: ten business days after notice.
• November 1, 2025: notice window for officers on lists created before August 1, 2025, informing them of reconsideration rights.
• Agencies must respond to reconsideration requests within the established procedures and timeframes (as detailed in the policy).

Summary of changes to law

• Introduces a formal policy framework for BradyGiglio lists.
• Codifies notice, input, and reconsideration rights for officers.
• Allows for court-based review of placement decisions.
• Clarifies data handling to protect officer privacy while enabling necessary disclosures.
• Requires annual coordination between prosecuting agencies and chief law enforcement officials.
• Maintains the core BradyGiglio disclosure obligation for impeachment purposes.

Relevant Terms - BradyGiglio list - BradyGiglio material - peace officer - prosecuting agency - notice - input - reconsideration - district court - Minnesota Rules of Evidence Rule 609B - Minnesota Rules of Criminal Procedure Rule 9.01 - Minnesota Rules of Criminal Procedure Rule 9.04 - nonpublic data - data disclosure - employment address - employer - clarification and removal - annual coordination - disclosure obligations