HF1116

Purpose

This bill creates a formal process in Minnesota for designating certain peace officers as BradyGiglio, a label used by prosecutors when credibility issues exist. It aims to establish criteria, notification, input opportunities, reconsideration rights, and confidentiality protections around these designations, while preserving due process and required access to exculpatory evidence.

Key term definitions

• BradyGiglio designation: a designation or listing by a prosecuting agency of peace officers who have credibility problems, such as untruthfulness, candor issues, criminal convictions, or other factors that call into question their honesty or reliability.
• Peace officer: a law enforcement officer within Minnesota.
• BradyGiglio list: the compilation of officers designated as BradyGiglio or impaired, used by the prosecuting agency.
• Exculpatory evidence: evidence favorable to the officer that could negate or lessen the officer’s liability or impact of charges.
• Confidential data: certain officer records and statements intended to be kept private unless law requires disclosure.

Main provisions and goals

• Privacy of records and data

  • The employing law enforcement agency must keep peace officer statements, recordings, transcripts, disciplinary proceedings, and complaints confidential, unless allowed by law or with the officer’s written consent.
  • Records may be shared with the officer or the officer’s legal counsel upon request.
  • The bill requires keeping personnel files and training records confidential, with limited exceptions for release to the officer or their counsel.

• Protection against retaliation for exculpatory evidence

  • A peace officer cannot be discharged, disciplined, or threatened with discipline solely because a prosecuting agency determines that exculpatory evidence exists. Investigations into the underlying actions may still occur, and union contracts (collective bargaining agreements) must be followed where applicable.

• Prosecution policy and process for BradyGiglio designations

  • Prosecuting agencies that designate an officer as BradyGiglio must adopt a formal policy outlining:
  • The criteria used to designate an officer (and any terms like “impaired”).
  • The officer’s right to receive written notice before designation and to provide input and evidence before a decision is made.
  • The duty to notify the officer of the designation decision.
  • The officer’s right to request reconsideration and submit supporting evidence.
  • The time frames and procedures for notifying the officer of the final decision on reconsideration.
  • When designating, the agency must send written notice by mail or email to the officer’s current or last known employment address. If contact information is known, the employer must forward the notice to the officer.

• Notice and input rights

  • Notices must inform the officer of rights to access documents and evidence, to provide input before a designation is made, and to understand the procedures for reconsideration.
  • Specifics include how to submit input and the process the agency will follow before final designation.

• Reconsideration process

  • If designated, the officer can request reconsideration by submitting a written request with supporting documents within the specified time frame.
  • If reconsideration is approved on its merits, the BradyGiglio designation and list placement are removed.
  • If reconsideration is denied, the designation remains.

• Retroactive considerations

  • Officers who were designated as BradyGiglio or placed on a BradyGiglio list before the law’s effective date may request reconsideration within new time limits (notably within 90 days of the effective date for notification, and 10 days to submit a reconsideration request).

• Discovery and constitutional rights

  • The bill preserves the prosecuting agency’s obligation to provide BradyGiglio discovery evidence as required by constitutional and procedural rules after the process is completed.

• Removal and updates

  • Prosecuting agencies may remove a BradyGiglio designation or a designation on the BradyGiglio list if new information or changed circumstances justify doing so.

Signficant changes to existing law

• Establishes a formal, procedural framework for BradyGiglio designations specific to Minnesota peace officers, including notice, input, reconsideration rights, and defined timelines.
• Codifies protections against discipline solely for exculpatory evidence and ties disciplinary actions to the underlying conduct rather than the designation alone.
• Introduces strict confidentiality for officer records and communications, with limited, defined exceptions for the officer and their counsel.
• Adds requirements for prosecuting agencies to adopt published policies outlining designation criteria, notification, appeal, and reconsideration processes.
• Provides retroactive reconsideration provisions for officers designated before the section’s effective date.
• Aligns with constitutional and discovery requirements by preserving rights to obtain exculpatory evidence during and after the designation process.

Relevant Terms - BradyGiglio designation - BradyGiglio list - peace officer - prosecuting agency - exculpatory evidence - credibility issues - untruthfulness - candor issues - confidential data - personnel file - training records - notice - input - reconsideration - designated/impaired - collective bargaining agreement - discovery - confidentiality of records