SF2838

SF2838 (Legislative Session 94 (2025-2026))

Disclosure of personnel data on peace officers and other potential government witnesses to a prosecuting attorney to comply with the authority's constitutional disclosure obligations; Brady-Giglio designation for police officers authorization; Brady-Giglio lists examination task force establishment

Related bill: HF1576

AI Generated Summary

Purpose of the Bill

This bill is designed to enhance public safety by ensuring that information on peace officers and other potential government witnesses is disclosed to prosecuting authorities. It seeks to comply with constitutional obligations for evidence disclosure in criminal prosecutions and to establish practices around "Brady-Giglio" designations which relate to the credibility of peace officers as witnesses.

Main Provisions

Disclosure of Personnel Data: Prosecuting authorities will have access to personnel data of law enforcement officials if they may serve as witnesses in a trial, ensuring compliance with constitutional duties to provide exculpatory evidence.
Brady-Giglio Designations: Establishes a system where officers can be designated as "Brady-Giglio impaired," impacting their credibility as witnesses due to past untruthfulness or other issues. Prosecuting agencies are required to adopt policies around this designation and notify affected officers, who can request reconsideration.
Misconduct Reporting: Law enforcement agencies must report misconduct information to a centralized board, which will aid in tracking and evaluating officer behavior, and this information could be shared with prosecuting authorities under specific conditions.
Task Force Creation: A task force will be established to advise on Brady-Giglio evidence criteria, create processes for officers challenging their inclusion on "Do Not Call" lists, and consider the benefits of a statewide tracking system for officers with a history of misconduct.

Significant Changes

Data Sharing and Transparency: There's an emphasis on transparency and legal immunity for entities sharing officer data with prosecutors, unless information is falsely presented.
Establishment of Brady-Giglio Procedure: Introducing a formalized process and criteria for handling potentially unreliable witness officers represents a shift towards more structured oversight and systematic disclosure.

Relevant Terms

Peace Officers
Prosecuting Authority
Brady-Giglio Disclosure
Personnel Data
Misconduct Reporting
Task Force
Statewide System
Do Not Call List

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
March 19, 2025	Senate	Floor	Action	Introduction and first reading
March 19, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [
        "A clarification that the presiding officer must weigh the benefit to the party seeking access against the harm to confidentiality interests."
      ],
      "removed": [],
      "summary": "Discoverability of not public data in cases where a government entity opposes discovery or release of data classified as not public.",
      "modified": [
        "The procedure by which parties can bring action to compel discovery has been detailized, adding specific considerations for data reclassification scenarios."
      ]
    },
    "citation": "13.03, subdivision 6"
  },
  {
    "analysis": {
      "added": [
        "A new subdivision specifying that a prosecuting authority can receive personnel data relating to complaints or charges against an individual for constitutional disclosure obligations."
      ],
      "removed": [],
      "summary": "Amendment requiring disclosure of personnel data by a prosecuting authority.",
      "modified": []
    },
    "citation": "13.43"
  },
  {
    "analysis": {
      "added": [
        "Mandate for real-time submission of individual officers' data if classified as public or private data."
      ],
      "removed": [],
      "summary": "Annual reporting requirements for law enforcement chief officers on investigations of alleged misconduct.",
      "modified": [
        "Process for submitting and updating misconduct data modified to require updates within 30 days of final case disposition."
      ]
    },
    "citation": "626.8457, subdivision 3"
  },
  {
    "analysis": {
      "added": [
        "Clarification of immunity from liability unless false information was intentionally presented."
      ],
      "removed": [],
      "summary": "Immunity from liability for certain law enforcement reporting actions.",
      "modified": []
    },
    "citation": "626.8457, subdivision 5"
  }
]