Bills › 90th General Assembly
Relating to the placement of a police officer on a Brady-Giglio list, including the right of a police officer to petition the court and the standard of proof required for actions regarding such placement
Sponsored by the Senate Judiciary Committee
Where it is now
- Done: IntroducedFebruary 1, 2024
- Done: SubcommitteeFebruary 7, 2024
- Done: Senate committeeFebruary 14, 2024
- Done: Passes the SenateMarch 25, 202447–0
- Skipped: House committeeSkipped
- Done: Passes the HouseFebruary 29, 202491–1
- Done: To the GovernorApril 23, 2024
- Done: Signed into lawMay 1, 2024
HF 2592 became law → The same legislation passed as HF 2592, so this version was set aside. Go to HF 2592 What’s a funnel?
What’s in it
AI summary Police officers can now ask a judge to review a prosecutor's decision to put them on a special list or refuse to prosecute their cases. A court will look at the evidence privately to decide if the prosecutor's decision should be changed or if the officer should be removed from the list. This law also sets the standard for how much proof is needed during these legal challenges.1
Read the official explanation
This bill relates to the right of a police officer to petition the court regarding placement on a Brady-Giglio list by a prosecuting agency, and establishes the standard of proof required for actions under Code chapter 80F. The bill provides that an officer shall have the right to petition the district court, appeal, or intervene in an action regarding a prosecuting agency’s decision to place an officer on a Brady-Giglio list or for refusing to prosecute cases involving the officer. The district court has jurisdiction over the review of the prosecuting agency’s decision. The district court shall perform an in camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or upon the court’s own motion. The court may affirm, modify, or reverse a prosecuting agency’s decision, and issue orders or provide relief, including removal of the officer from a Brady-Giglio list. Evidence presented to the district court shall be provided under seal and kept confidential unless otherwise provided by law and ordered by the district court. The bill provides that the standard of proof for an allegation, administrative charge, complaint, cause of action, claim, or defense under Code chapter 80F shall be a preponderance of the evidence unless a higher standard of proof is required by law.
Changed since by amendments S-5092, H-8085; see Amendments.