Relating to the procedural requirements for placing an officer’s name on a Brady-Giglio list, and for a prosecuting agency disclosing exculpatory evidence

This bill relates to the procedural requirements for placing an officer’s name on a Brady-Giglio list, and for a prosecuting agency disclosing exculpatory evidence. The bill provides that a prosecuting agency that maintains a Brady-Giglio list (list) shall adopt a policy that, at a minimum, includes all of the following: the criteria used by the prosecuting agency to place an officer’s name on a list, the officer’s right to receive written notice at least days before the prosecuting agency considers placing the officer’s name on a list and the officer’s right to provide input to the prosecuting agency before the prosecuting agency makes a determination of whether the officer’s name should be placed on a list, the duty of the prosecuting agency to provide notice of the prosecuting agency’s decision regarding placement of the officer’s name on a list, the officer’s right to make a request for reconsideration of the determination and to submit supporting and corroborating documents and evidence in support of the officer’s request for reconsideration, the applicable time frame and procedures for notifying the officer of the prosecuting agency’s final decision on the officer’s request for reconsideration, and the officer’s right to receive at least days’ notice before the prosecuting agency discloses exculpatory evidence and the right to request an in camera review before disclosure. The bill provides that at least days before a prosecuting agency considers placing an officer’s name on a list, the prosecuting agency shall send a written notice by mail or email to the officer’s current or last known employment address. If the officer’s contact information is known, the officer’s current or last known employer shall provide the written notice to the officer. The written notice shall include, at a minimum, all of the following: a notice of possible placement on a list; the officer’s right to request relevant materials from the prosecuting agency; the officer’s right to provide input to the prosecuting agency; and the prosecuting agency’s procedural requirements for an officer to provide input. The bill provides that if the prosecuting agency makes a determination to place the officer’s name on a list, the prosecuting agency shall send a written notice by mail or email to the officer’s current or last known employment address. If the officer’s contact information is known, the officer’s current or last known employer shall provide the written notice to the officer. The written notice shall include, at a minimum, all of the following: the officer’s right to make a request to reconsider the allegations and the officer’s placement on a list, the prosecuting agency’s procedural requirements for submitting a written request for reconsideration including the method and time frame for submitting the officer’s request for reconsideration and any supporting and corroborating documents and evidence from any pertinent sources, and a statement that if the officer intends to make a request for reconsideration of the officer’s placement on a list, the officer must submit the written request for reconsideration to the prosecuting agency within business days after receiving the notice. The bill provides that if an officer submits a request for reconsideration and the officer’s request for reconsideration is approved by the prosecuting agency on its merits, the officer’s name shall be removed from the list. If the officer’s request for reconsideration is denied by the prosecuting agency, the officer’s name shall remain on the list. If an officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, the officer’s name shall remain on the list. The bill provides that an officer whose name was placed on a list prior to the effective date of the bill has the right to request reconsideration as follows: a prosecuting agency shall notify an officer whose name was placed on a list prior to the effective date of the bill, within days of the effective date of the bill, and provide the officer with the information required in the bill; and upon receipt of notification from a prosecuting agency, an officer receiving notice shall have days to request reconsideration. The bill provides that a prosecuting agency shall provide an officer with written notice before disclosing exculpatory evidence. The officer shall have days upon receipt of notice to request an in camera review by the court prior to disclosure. The bill does not limit the duty of a prosecuting agency to produce Brady-Giglio discovery evidence in all cases as required by the Constitution of the United States, the Constitution of the State of Iowa, and the Iowa rules of criminal procedure, and does not limit or restrict a prosecuting agency’s ability to remove an officer’s name from a list if, upon receipt of additional supporting and corroborating information or a change in factual circumstances at any time, the prosecuting agency determines that the officer’s name no longer requires placement on a list. The bill defines “Brady-Giglio list” as a list compiled by a prosecuting agency containing the names and details of officers who have sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue which places the officer’s credibility into question. “Prosecuting agency” is defined as the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, a special prosecutor, a city attorney, or an assistant city attorney. The section of the bill relating to the procedural requirements for placing an officer’s name on a list is repealed July 1, 2023.1(23) relating to the prohibition against the discharge, discipline, or threatened discharge of an officer solely due to a prosecuting attorney making a determination or disclosure that exculpatory evidence exists concerning the officer.