What changed in HF 2797

25. 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. An officer placed on a Brady-Giglio list by a prosecuting agency, regardless of when such placement, action, or decision occurred, shall have the rights afforded under this subsection. The district court shall have 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 district 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, as justice may require. 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. If the court finds in favor of the officer under this subsection, upon application, the court shall award the officer equitable relief, reasonable attorney fees, expenses, and court costs. Any such award shall be paid by the state or the municipality or county that employs or is responsible for the prosecuting agency.

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2. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

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