In Brady v. Maryland, the United States Supreme Court held that a prosecutor may violate the due process protections guaranteed by the United States Constitution if the prosecutor withholds “evidence favorable to the accused” in a criminal case, thus undermining the defendant's right to a fair trial. (373 U.S. 83, 86-87 (1963)) This includes evidence that could impeach the credibility of a witness. (Giglio v. United States, 405 U.S. 150, 154 (1972)) Section 1 of this bill defines the term “Brady-Giglio list” to mean a system, index, list or other record established and maintained by a prosecuting agency for the purpose of satisfying the obligation of the prosecuting agency to disclose exculpatory evidence to a defendant pursuant to Brady v. Maryland and Giglio v. United States. Section 1 requires a prosecuting agency that maintains a Brady-Giglio list to adopt a policy concerning the placement of a law enforcement officer or employee of a law enforcement agency on a Brady-Giglio list. Section 1 also: (1) sets forth certain requirements relating to any such policy; (2) grants certain rights to a law enforcement officer or employee of a law enforcement agency relating to placement on a Brady-Giglio list; and (3) prohibits a prosecuting agency from disclosing certain information concerning a law enforcement officer or employee of a law enforcement agency who may be called as a witness in a criminal case under certain circumstances.
Section 2 of this bill requires a prosecuting agency to notify each law enforcement officer or employee of a law enforcement agency whose name is included on a Brady-Giglio list on July 1, 2025, of the right of the officer or employee to submit a request for reconsideration of the placement of the officer or employee on the Brady-Giglio list. Section 2 also requires a prosecuting agency to remove the officer or employee from the Brady-Giglio list if: (1) the prosecuting agency determines that the conduct of the officer or employee does not warrant inclusion of the officer or employee on the Brady-Giglio list; and (2) certain other requirements are met.