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House File 2496 - IntroducedA Bill ForAn Act 1relating to the procedural requirements for placing an
2officer’s name on a Brady-Giglio list, and for a prosecuting
3agency disclosing exculpatory evidence.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, Code 2022, is
2amended by adding the following new paragraphs:
3 NEW PARAGRAPH. 0a. “Brady-Giglio list” means a list
4compiled by a prosecuting agency containing the names
5and details of officers who have sustained incidents of
6untruthfulness, criminal convictions, candor issues, or some
7other type of issue which places the officer’s credibility into
8question.
9 NEW PARAGRAPH. 0f. “Prosecuting agency” means the attorney
10general, an assistant attorney general, the county attorney,
11an assistant county attorney, a special prosecutor, a city
12attorney, or an assistant city attorney.
13 Sec. 2. Section 80F.1, subsection 23, paragraph a, Code
142022, is amended to read as follows:
15a. An officer shall not be discharged, disciplined, or
16threatened with discharge or discipline by a state, county, or
17municipal law enforcement agency solely due to a prosecuting
18attorney agency making a determination or disclosure that
19exculpatory evidence exists concerning the officer.
20 Sec. 3. Section 80F.1, subsection 23, paragraph c, Code
212022, is amended by striking the paragraph.
22 Sec. 4. Section 80F.1, Code 2022, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 24. a. A prosecuting agency that maintains
25a Brady-Giglio list shall adopt a policy that, at a minimum,
26includes all of the following:
27(1) The criteria used by the prosecuting agency to place an
28officer’s name on a Brady-Giglio list.
29(2) The officer’s right to receive written notice at least
30ten days before the prosecuting agency considers placing the
31officer’s name on a Brady-Giglio list, and the officer’s
32right to provide input to the prosecuting agency before
33the prosecuting agency makes a determination of whether the
34officer’s name should be placed on a Brady-Giglio list.
35(3) The duty of the prosecuting agency to provide notice of
-1-1the prosecuting agency’s decision regarding placement of the
2officer’s name on a Brady-Giglio list.
3(4) The officer’s right to make a request for
4reconsideration of the prosecuting agency’s determination to
5include the officer’s name on a Brady-Giglio list and to submit
6supporting and corroborating documents and evidence in support
7of the officer’s request for reconsideration.
8(5) The applicable time frame and procedures for notifying
9the officer of the prosecuting agency’s final decision on an
10officer’s request for reconsideration.
11(6) The officer’s right to receive written notice at least
12ten days before the prosecuting agency discloses exculpatory
13evidence and the officer’s right to request an in camera review
14before the exculpatory evidence may be disclosed.
15b. At least ten days before a prosecuting agency considers
16placing an officer’s name on a Brady-Giglio list, the
17prosecuting agency shall send a written notice by mail or email
18to the officer’s current or last known employment address.
19Upon receipt of the notice, and if the officer’s contact
20information is known, the officer’s current or last known
21employer shall provide the written notice to the officer.
22The written notice shall include, at a minimum, all of the
23following:
24(1) A notice that the officer’s name may be placed on a
25Brady-Giglio list.
26(2) The officer’s right to request documents, records, and
27any other evidence in the possession of the prosecuting agency
28relevant to the determination of whether the officer’s name
29should be placed on a Brady-Giglio list from the prosecuting
30agency.
31(3) The officer’s right to provide input to the prosecuting
32agency prior to the prosecuting agency’s determination of
33whether the officer’s name should be placed on a Brady-Giglio
34list.
35(4) The prosecuting agency’s procedural requirements for
-2-1an officer to provide input to the prosecuting agency prior to
2the prosecuting agency’s determination of whether the officer’s
3name should be placed on a Brady-Giglio list.
4c. If the prosecuting agency makes a determination to place
5the officer’s name on a Brady-Giglio list, the prosecuting
6agency shall send a written notice by mail or email to the
7officer’s current or last known employment address. Upon
8receipt of the notice, and if the officer’s contact information
9is known, the officer’s current or last known employer shall
10provide the written notice to the officer. The written notice
11shall include, at a minimum, all of the following:
12(1) The officer’s right to make a request to reconsider
13the allegations and the placement of the officer’s name on a
14Brady-Giglio list.
15(2) The prosecuting agency’s procedural requirements
16for submitting a written request for reconsideration of the
17prosecuting agency’s determination to place the officer’s name
18on a Brady-Giglio list including the method and time frame for
19submitting the request for reconsideration and any supporting
20and corroborating documents and evidence from any pertinent
21sources.
22(3) A statement that, if the officer intends to make a
23request for reconsideration, the officer must submit the
24written request for reconsideration to the prosecuting agency
25within ten business days after receiving the notice.
26d. If an officer submits a request for reconsideration
27pursuant to this subsection and the officer’s request
28for reconsideration is approved by the prosecuting agency
29on its merits, the officer’s name shall be removed from
30the Brady-Giglio list. If the officer’s request for
31reconsideration is denied by the prosecuting agency, the
32officer’s name shall remain on the Brady-Giglio list. If
33the officer does not submit a request for reconsideration or
34fails to comply with the requirements for submitting a request
35for reconsideration, the officer’s name shall remain on the
-3-1Brady-Giglio list.
2e. An officer whose name was placed on a Brady-Giglio list
3prior to the effective date of this Act shall have the right to
4request reconsideration as follows:
5(1) A prosecuting agency shall notify the officer, within
6ninety days of the effective date of this Act, and provide the
7officer with the information required under paragraph “c”.
8(2) Upon receipt of a notification from a prosecuting agency
9pursuant to subparagraph (1), an officer shall have thirty days
10to request reconsideration.
11f. A prosecuting agency shall provide an officer with
12written notice by mail or email before the prosecuting agency
13discloses exculpatory evidence. Upon receiving notice, the
14officer shall have ten days to request an in camera review by
15the court before the exculpatory evidence may be disclosed.
16The right to request an in camera review may be waived by the
17officer.
18g. This subsection does not limit the duty of a prosecuting
19agency to produce Brady-Giglio discovery evidence in all cases
20as required by the Constitution of the United States, the
21Constitution of the State of Iowa, and the rules of criminal
22procedure, including after the initial placement of the
23officer’s name on a Brady-Giglio list, while the decision or a
24request for reconsideration is still under consideration.
25h. This subsection does not limit or restrict a prosecuting
26agency’s ability to remove an officer’s name from a
27Brady-Giglio list if, upon receipt of additional supporting and
28corroborating information or a change in factual circumstances
29at any time, the prosecuting agency determines that the
30officer’s name no longer requires placement on a Brady-Giglio
31list.
32i. This subsection is repealed July 1, 2023.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-4- 1This bill relates to the procedural requirements for placing
2an officer’s name on a Brady-Giglio list, and for a prosecuting
3agency disclosing exculpatory evidence.
4The bill provides that a prosecuting agency that maintains
5a Brady-Giglio list (list) shall adopt a policy that, at a
6minimum, includes all of the following: the criteria used by
7the prosecuting agency to place an officer’s name on a list,
8the officer’s right to receive written notice at least 10 days
9before the prosecuting agency considers placing the officer’s
10name on a list and the officer’s right to provide input to
11the prosecuting agency before the prosecuting agency makes a
12determination of whether the officer’s name should be placed on
13a list, the duty of the prosecuting agency to provide notice
14of the prosecuting agency’s decision regarding placement of
15the officer’s name on a list, the officer’s right to make a
16request for reconsideration of the determination and to submit
17supporting and corroborating documents and evidence in support
18of the officer’s request for reconsideration, the applicable
19time frame and procedures for notifying the officer of the
20prosecuting agency’s final decision on the officer’s request
21for reconsideration, and the officer’s right to receive at
22least 10 days’ notice before the prosecuting agency discloses
23exculpatory evidence and the right to request an in camera
24review before disclosure.
25The bill provides that at least 10 days before a prosecuting
26agency considers placing an officer’s name on a list, the
27prosecuting agency shall send a written notice by mail or email
28to the officer’s current or last known employment address.
29If the officer’s contact information is known, the officer’s
30current or last known employer shall provide the written
31notice to the officer. The written notice shall include, at a
32minimum, all of the following: a notice of possible placement
33on a list; the officer’s right to request relevant materials
34from the prosecuting agency; the officer’s right to provide
35input to the prosecuting agency; and the prosecuting agency’s
-5-1procedural requirements for an officer to provide input.
2The bill provides that if the prosecuting agency makes
3a determination to place the officer’s name on a list, the
4prosecuting agency shall send a written notice by mail or
5email to the officer’s current or last known employment
6address. If the officer’s contact information is known, the
7officer’s current or last known employer shall provide the
8written notice to the officer. The written notice shall
9include, at a minimum, all of the following: the officer’s
10right to make a request to reconsider the allegations and
11the officer’s placement on a list, the prosecuting agency’s
12procedural requirements for submitting a written request
13for reconsideration including the method and time frame for
14submitting the officer’s request for reconsideration and any
15supporting and corroborating documents and evidence from
16any pertinent sources, and a statement that if the officer
17intends to make a request for reconsideration of the officer’s
18placement on a list, the officer must submit the written
19request for reconsideration to the prosecuting agency within 10
20business days after receiving the notice.
21The bill provides that if an officer submits a request for
22reconsideration and the officer’s request for reconsideration
23is approved by the prosecuting agency on its merits, the
24officer’s name shall be removed from the list. If the
25officer’s request for reconsideration is denied by the
26prosecuting agency, the officer’s name shall remain on
27the list. If an officer does not submit a request for
28reconsideration or fails to comply with the requirements for
29submitting a request for reconsideration, the officer’s name
30shall remain on the list.
31The bill provides that an officer whose name was placed on a
32list prior to the effective date of the bill has the right to
33request reconsideration as follows: a prosecuting agency shall
34notify an officer whose name was placed on a list prior to the
35effective date of the bill, within 90 days of the effective
-6-1date of the bill, and provide the officer with the information
2required in the bill; and upon receipt of notification from a
3prosecuting agency, an officer receiving notice shall have 30
4days to request reconsideration.
5The bill provides that a prosecuting agency shall provide
6an officer with written notice before disclosing exculpatory
7evidence. The officer shall have 10 days upon receipt of
8notice to request an in camera review by the court prior to
9disclosure.
10The bill does not limit the duty of a prosecuting agency
11to produce Brady-Giglio discovery evidence in all cases
12as required by the Constitution of the United States,
13the Constitution of the State of Iowa, and the Iowa rules
14of criminal procedure, and does not limit or restrict a
15prosecuting agency’s ability to remove an officer’s name
16from a list if, upon receipt of additional supporting and
17corroborating information or a change in factual circumstances
18at any time, the prosecuting agency determines that the
19officer’s name no longer requires placement on a list.
20The bill defines “Brady-Giglio list” as a list compiled
21by a prosecuting agency containing the names and details of
22officers who have sustained incidents of untruthfulness,
23criminal convictions, candor issues, or some other type of
24issue which places the officer’s credibility into question.
25“Prosecuting agency” is defined as the attorney general, an
26assistant attorney general, the county attorney, an assistant
27county attorney, a special prosecutor, a city attorney, or an
28assistant city attorney.
29The section of the bill relating to the procedural
30requirements for placing an officer’s name on a list is
31repealed July 1, 2023.
32The bill strikes the repeal of Code section 80F.1(23)
33relating to the prohibition against the discharge, discipline,
34or threatened discharge of an officer solely due to a
35prosecuting attorney making a determination or disclosure that
-7-1exculpatory evidence exists concerning the officer.
-8-as/rh
2officer’s name on a Brady-Giglio list, and for a prosecuting
3agency disclosing exculpatory evidence.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 80F.1, subsection 1, Code 2022, is
2amended by adding the following new paragraphs:
3 NEW PARAGRAPH. 0a. “Brady-Giglio list” means a list
4compiled by a prosecuting agency containing the names
5and details of officers who have sustained incidents of
6untruthfulness, criminal convictions, candor issues, or some
7other type of issue which places the officer’s credibility into
8question.
9 NEW PARAGRAPH. 0f. “Prosecuting agency” means the attorney
10general, an assistant attorney general, the county attorney,
11an assistant county attorney, a special prosecutor, a city
12attorney, or an assistant city attorney.
13 Sec. 2. Section 80F.1, subsection 23, paragraph a, Code
142022, is amended to read as follows:
15a. An officer shall not be discharged, disciplined, or
16threatened with discharge or discipline by a state, county, or
17municipal law enforcement agency solely due to a prosecuting
18attorney agency making a determination or disclosure that
19exculpatory evidence exists concerning the officer.
20 Sec. 3. Section 80F.1, subsection 23, paragraph c, Code
212022, is amended by striking the paragraph.
22 Sec. 4. Section 80F.1, Code 2022, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 24. a. A prosecuting agency that maintains
25a Brady-Giglio list shall adopt a policy that, at a minimum,
26includes all of the following:
27(1) The criteria used by the prosecuting agency to place an
28officer’s name on a Brady-Giglio list.
29(2) The officer’s right to receive written notice at least
30ten days before the prosecuting agency considers placing the
31officer’s name on a Brady-Giglio list, and the officer’s
32right to provide input to the prosecuting agency before
33the prosecuting agency makes a determination of whether the
34officer’s name should be placed on a Brady-Giglio list.
35(3) The duty of the prosecuting agency to provide notice of
-1-1the prosecuting agency’s decision regarding placement of the
2officer’s name on a Brady-Giglio list.
3(4) The officer’s right to make a request for
4reconsideration of the prosecuting agency’s determination to
5include the officer’s name on a Brady-Giglio list and to submit
6supporting and corroborating documents and evidence in support
7of the officer’s request for reconsideration.
8(5) The applicable time frame and procedures for notifying
9the officer of the prosecuting agency’s final decision on an
10officer’s request for reconsideration.
11(6) The officer’s right to receive written notice at least
12ten days before the prosecuting agency discloses exculpatory
13evidence and the officer’s right to request an in camera review
14before the exculpatory evidence may be disclosed.
15b. At least ten days before a prosecuting agency considers
16placing an officer’s name on a Brady-Giglio list, the
17prosecuting agency shall send a written notice by mail or email
18to the officer’s current or last known employment address.
19Upon receipt of the notice, and if the officer’s contact
20information is known, the officer’s current or last known
21employer shall provide the written notice to the officer.
22The written notice shall include, at a minimum, all of the
23following:
24(1) A notice that the officer’s name may be placed on a
25Brady-Giglio list.
26(2) The officer’s right to request documents, records, and
27any other evidence in the possession of the prosecuting agency
28relevant to the determination of whether the officer’s name
29should be placed on a Brady-Giglio list from the prosecuting
30agency.
31(3) The officer’s right to provide input to the prosecuting
32agency prior to the prosecuting agency’s determination of
33whether the officer’s name should be placed on a Brady-Giglio
34list.
35(4) The prosecuting agency’s procedural requirements for
-2-1an officer to provide input to the prosecuting agency prior to
2the prosecuting agency’s determination of whether the officer’s
3name should be placed on a Brady-Giglio list.
4c. If the prosecuting agency makes a determination to place
5the officer’s name on a Brady-Giglio list, the prosecuting
6agency shall send a written notice by mail or email to the
7officer’s current or last known employment address. Upon
8receipt of the notice, and if the officer’s contact information
9is known, the officer’s current or last known employer shall
10provide the written notice to the officer. The written notice
11shall include, at a minimum, all of the following:
12(1) The officer’s right to make a request to reconsider
13the allegations and the placement of the officer’s name on a
14Brady-Giglio list.
15(2) The prosecuting agency’s procedural requirements
16for submitting a written request for reconsideration of the
17prosecuting agency’s determination to place the officer’s name
18on a Brady-Giglio list including the method and time frame for
19submitting the request for reconsideration and any supporting
20and corroborating documents and evidence from any pertinent
21sources.
22(3) A statement that, if the officer intends to make a
23request for reconsideration, the officer must submit the
24written request for reconsideration to the prosecuting agency
25within ten business days after receiving the notice.
26d. If an officer submits a request for reconsideration
27pursuant to this subsection and the officer’s request
28for reconsideration is approved by the prosecuting agency
29on its merits, the officer’s name shall be removed from
30the Brady-Giglio list. If the officer’s request for
31reconsideration is denied by the prosecuting agency, the
32officer’s name shall remain on the Brady-Giglio list. If
33the officer does not submit a request for reconsideration or
34fails to comply with the requirements for submitting a request
35for reconsideration, the officer’s name shall remain on the
-3-1Brady-Giglio list.
2e. An officer whose name was placed on a Brady-Giglio list
3prior to the effective date of this Act shall have the right to
4request reconsideration as follows:
5(1) A prosecuting agency shall notify the officer, within
6ninety days of the effective date of this Act, and provide the
7officer with the information required under paragraph “c”.
8(2) Upon receipt of a notification from a prosecuting agency
9pursuant to subparagraph (1), an officer shall have thirty days
10to request reconsideration.
11f. A prosecuting agency shall provide an officer with
12written notice by mail or email before the prosecuting agency
13discloses exculpatory evidence. Upon receiving notice, the
14officer shall have ten days to request an in camera review by
15the court before the exculpatory evidence may be disclosed.
16The right to request an in camera review may be waived by the
17officer.
18g. This subsection does not limit the duty of a prosecuting
19agency to produce Brady-Giglio discovery evidence in all cases
20as required by the Constitution of the United States, the
21Constitution of the State of Iowa, and the rules of criminal
22procedure, including after the initial placement of the
23officer’s name on a Brady-Giglio list, while the decision or a
24request for reconsideration is still under consideration.
25h. This subsection does not limit or restrict a prosecuting
26agency’s ability to remove an officer’s name from a
27Brady-Giglio list if, upon receipt of additional supporting and
28corroborating information or a change in factual circumstances
29at any time, the prosecuting agency determines that the
30officer’s name no longer requires placement on a Brady-Giglio
31list.
32i. This subsection is repealed July 1, 2023.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-4- 1This bill relates to the procedural requirements for placing
2an officer’s name on a Brady-Giglio list, and for a prosecuting
3agency disclosing exculpatory evidence.
4The bill provides that a prosecuting agency that maintains
5a Brady-Giglio list (list) shall adopt a policy that, at a
6minimum, includes all of the following: the criteria used by
7the prosecuting agency to place an officer’s name on a list,
8the officer’s right to receive written notice at least 10 days
9before the prosecuting agency considers placing the officer’s
10name on a list and the officer’s right to provide input to
11the prosecuting agency before the prosecuting agency makes a
12determination of whether the officer’s name should be placed on
13a list, the duty of the prosecuting agency to provide notice
14of the prosecuting agency’s decision regarding placement of
15the officer’s name on a list, the officer’s right to make a
16request for reconsideration of the determination and to submit
17supporting and corroborating documents and evidence in support
18of the officer’s request for reconsideration, the applicable
19time frame and procedures for notifying the officer of the
20prosecuting agency’s final decision on the officer’s request
21for reconsideration, and the officer’s right to receive at
22least 10 days’ notice before the prosecuting agency discloses
23exculpatory evidence and the right to request an in camera
24review before disclosure.
25The bill provides that at least 10 days before a prosecuting
26agency considers placing an officer’s name on a list, the
27prosecuting agency shall send a written notice by mail or email
28to the officer’s current or last known employment address.
29If the officer’s contact information is known, the officer’s
30current or last known employer shall provide the written
31notice to the officer. The written notice shall include, at a
32minimum, all of the following: a notice of possible placement
33on a list; the officer’s right to request relevant materials
34from the prosecuting agency; the officer’s right to provide
35input to the prosecuting agency; and the prosecuting agency’s
-5-1procedural requirements for an officer to provide input.
2The bill provides that if the prosecuting agency makes
3a determination to place the officer’s name on a list, the
4prosecuting agency shall send a written notice by mail or
5email to the officer’s current or last known employment
6address. If the officer’s contact information is known, the
7officer’s current or last known employer shall provide the
8written notice to the officer. The written notice shall
9include, at a minimum, all of the following: the officer’s
10right to make a request to reconsider the allegations and
11the officer’s placement on a list, the prosecuting agency’s
12procedural requirements for submitting a written request
13for reconsideration including the method and time frame for
14submitting the officer’s request for reconsideration and any
15supporting and corroborating documents and evidence from
16any pertinent sources, and a statement that if the officer
17intends to make a request for reconsideration of the officer’s
18placement on a list, the officer must submit the written
19request for reconsideration to the prosecuting agency within 10
20business days after receiving the notice.
21The bill provides that if an officer submits a request for
22reconsideration and the officer’s request for reconsideration
23is approved by the prosecuting agency on its merits, the
24officer’s name shall be removed from the list. If the
25officer’s request for reconsideration is denied by the
26prosecuting agency, the officer’s name shall remain on
27the list. If an officer does not submit a request for
28reconsideration or fails to comply with the requirements for
29submitting a request for reconsideration, the officer’s name
30shall remain on the list.
31The bill provides that an officer whose name was placed on a
32list prior to the effective date of the bill has the right to
33request reconsideration as follows: a prosecuting agency shall
34notify an officer whose name was placed on a list prior to the
35effective date of the bill, within 90 days of the effective
-6-1date of the bill, and provide the officer with the information
2required in the bill; and upon receipt of notification from a
3prosecuting agency, an officer receiving notice shall have 30
4days to request reconsideration.
5The bill provides that a prosecuting agency shall provide
6an officer with written notice before disclosing exculpatory
7evidence. The officer shall have 10 days upon receipt of
8notice to request an in camera review by the court prior to
9disclosure.
10The bill does not limit the duty of a prosecuting agency
11to produce Brady-Giglio discovery evidence in all cases
12as required by the Constitution of the United States,
13the Constitution of the State of Iowa, and the Iowa rules
14of criminal procedure, and does not limit or restrict a
15prosecuting agency’s ability to remove an officer’s name
16from a list if, upon receipt of additional supporting and
17corroborating information or a change in factual circumstances
18at any time, the prosecuting agency determines that the
19officer’s name no longer requires placement on a list.
20The bill defines “Brady-Giglio list” as a list compiled
21by a prosecuting agency containing the names and details of
22officers who have sustained incidents of untruthfulness,
23criminal convictions, candor issues, or some other type of
24issue which places the officer’s credibility into question.
25“Prosecuting agency” is defined as the attorney general, an
26assistant attorney general, the county attorney, an assistant
27county attorney, a special prosecutor, a city attorney, or an
28assistant city attorney.
29The section of the bill relating to the procedural
30requirements for placing an officer’s name on a list is
31repealed July 1, 2023.
32The bill strikes the repeal of Code section 80F.1(23)
33relating to the prohibition against the discharge, discipline,
34or threatened discharge of an officer solely due to a
35prosecuting attorney making a determination or disclosure that
-7-1exculpatory evidence exists concerning the officer.
-8-as/rh