Minnesota SF 1813: End-of-Life Option Act

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; providing guidelines and a process for prosecuting agencies​
1.3 to follow regarding Brady-Giglio lists; proposing coding for new law in Minnesota​
1.4 Statutes, chapter 626.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [626.893] BRADY-GIGLIO POLICIES.​
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.8 the meanings given in this subdivision.​
1.9 (b) "Brady-Giglio list" means a list or database compiled by a prosecuting agency​
1.10 containing the names and details of peace officers whose personnel records contain​
1.11 Brady-Giglio material.​
1.12 (c) "Brady-Giglio material" includes sustained documented incidents of untruthfulness,​
1.13 bias against any protected class, criminal convictions, candor issues, or abuse of police​
1.14 authority.​
1.15 (d) "Peace officer" or "officer" has the meaning given in section 609.487, subdivision​
1.16 2, clause (2).​
1.17 (e) "Prosecuting agency" or "agency" means a county attorney, assistant county attorney,​
1.18 city attorney, assistant city attorney, or any attorney contracted for the prosecution of criminal​
1.19 offenses for a city or municipality.​
1.20 Subd. 2.Prosecuting agency policy required; rights of peace officers.(a) A prosecuting​
1.21 agency that maintains a Brady-Giglio list shall adopt a policy that, at a minimum, includes​
1.22 the following:​
1​Section 1.​
25-04124 as introduced​02/20/25 REVISOR KLL/DG​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1813​NINETY-FOURTH SESSION​
(SENATE AUTHORS: WESTLIN)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​483​02/24/2025​
Referred to Judiciary and Public Safety​

2.1 (1) the criteria used by the agency to place a peace officer's name on a Brady-Giglio list;​
2.2 (2) the officer's right to receive written notice before the agency places the officer's name​
2.3 on a Brady-Giglio list, and the officer's right to provide input to the agency before the agency​
2.4 makes a final determination of whether the officer's name should be placed on the list;​
2.5 (3) the duty of the agency to provide notice to the officer and the officer's employing​
2.6 agency of the prosecuting agency's final decision regarding placement of the officer's name​
2.7 on a Brady-Giglio list;​
2.8 (4) the officer's right to make a request for reconsideration of the agency's determination​
2.9 to include the officer's name on a Brady-Giglio list and to submit supporting and​
2.10 corroborating documents and evidence in support of the officer's request for reconsideration;​
2.11 (5) the applicable time frame, consistent with Minnesota Rules of Evidence, rule 609(B),​
2.12 and procedures for notifying the officer of the agency's final decision on an officer's request​
2.13 for reconsideration; and​
2.14 (6) an employing agency's right to petition the district court for a determination as to​
2.15 whether a prosecuting agency's policy or determination to place an officer's name on a​
2.16 Brady-Giglio list is consistent with the employing agency's disclosure obligations pursuant​
2.17 to Brady-Giglio and its progeny or Minnesota Rules of Criminal Procedure, rule 9.01 or​
2.18 9.04.​
2.19 The criteria required under clause (1) may not include conduct that is not substantiated​
2.20 following an investigation, or individual instances of conduct determined to be unintentional​
2.21 by the chief law enforcement officer of the employing agency following an investigation​
2.22 into the matter, such as mistake, inadvertence, or neglect.​
2.23 (b) Before an agency places an officer's name on a Brady-Giglio list, the agency shall​
2.24 send a written notice by mail or email to the officer's current or last known employment​
2.25 address as well as the employing agency. Upon receipt of the notice, and if the officer's​
2.26 contact information is known, the officer's current or last known employer shall provide​
2.27 the written notice to the officer. The written notice must include, at a minimum, the following:​
2.28 (1) a notice that the officer's name may be placed on a Brady-Giglio list;​
2.29 (2) the officer's right to request documents, records, and any other evidence in the​
2.30 possession of the agency relevant to the determination of whether the officer's name should​
2.31 be placed on a Brady-Giglio list;​
2.32 (3) the officer's right to provide input to the agency prior to the agency's final​
2.33 determination of whether the officer's name should be placed on a Brady-Giglio list; and​
2​Section 1.​
25-04124 as introduced​02/20/25 REVISOR KLL/DG​

3.1 (4) the agency's procedural requirements for an officer to provide input to the agency​
3.2 prior to the agency's final determination of whether the officer's name should be placed on​
3.3 a Brady-Giglio list.​
3.4 (c) If the agency makes a determination to place the officer's name on a Brady-Giglio​
3.5 list, the agency shall send a written notice by mail o