Lawmakers approve keeping 2022 ‘Brady-Giglio list’ law
by Robin Opsahl, Iowa Capital Dispatch
April 24, 2023
The Iowa Senate unanimously approved a bill removing the sunset on a 2022 measure formalizing rules for informing law enforcement officers placed on “Brady-Giglio lists” because of credibility issues.
House File 631 next goes to Gov. Kim Reynolds for final approval. The bill makes permanent changes signed into law in 2022 related to “Brady-Giglio lists.” The lists are documents kept by prosecutors on law enforcement officers whose credibility is in question because of complaints of misconduct like discrimination, use of excessive force or lying, or previous issues with refusing to turn over evidence or impeaching themselves in court.
The law signed last year requires prosecuting agencies inform law enforcement officers if they’re placed on a “Brady-Giglio List,” and provide the officer a way to request reconsideration.
In addition to making the procedures for these lists permanent, the House legislation requires that agencies keeping Brady-Giglio lists may not publicly disclose materials like recordings, transcripts or statements related to the officers on a list. An officer’s legal counsel is still able to access that information.
Rep. Mike Vondran, R-Davenport, the bill’s floor manager in the House, said these provisions do not conflict with the U.S. Supreme Court’s ruling that prosecutors are constitutionally required to disclose officer’s credibility problems as a witness to defense lawyers, but gives officers a chance to appeal and challenge the evidence.
Sen. Brad Zaun, R-Urbandale, thanked the House for making a “good addition” to the measure.
“This is a complicated issue that we’ve dealt with for years,” Zaun said. “I’m glad that we’ve got some closure to it.”
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