The withdrawn proposal would let officers seek court review of a prosecuting agency’s list decision, including decisions made on or after July 1, 2021.
Officers could challenge a prosecuting agency’s decision to put them on a Brady-Giglio list in district court. If an officer wins and applies, the court would award relief and reasonable legal fees and costs.
An officer would have the right to ask a district court to review a prosecuting agency’s decision about placing the officer on a Brady-Giglio list. This right 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 if the officer or agency asks, or the court decides to do so. If the court finds for the officer, it would award relief, reasonable attorney fees, expenses, and court costs upon application; the state or responsible local government would pay. The proposal would take effect upon enactment and apply to list placements, later proceedings, and orders occurring on or after July 1, 2021.
No hearings or votes scheduled.