Officers could challenge Brady-Giglio list decisions in court

An officer would have the right to ask a district court to review a prosecuting agency’s decision to place the officer on a Brady-Giglio list. This would cover officers placed on a Brady-Giglio list by a prosecuting agency, regardless of when the placement, action, or decision occurred. The court would review the evidence privately and could hold a closed hearing at the officer’s or agency’s request, or on its own initiative. Evidence would be filed under seal and kept confidential unless the law provides otherwise and the court orders disclosure. The court could uphold, change, or reverse the agency’s decision, and order other relief, including removing the officer from the list. The bill would take effect upon enactment and apply to list placements and later proceedings and orders on or after July 1, 2021.

A court would have to award an officer relief and reasonable legal costs if the officer wins the review. This would apply when a court finds in favor of an officer in a review under this provision. The officer would need to apply for the award. The state, or the municipality or county that employs or is responsible for the prosecuting agency, would pay the award. The bill would take effect upon enactment and apply to list placements and later proceedings and orders on or after July 1, 2021.