Law enforcement officer impeachment evidence., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1471

   AN ACT to amend the Indiana Code concerning courts and court
officers.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 33-39-12 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:

   Chapter 12. Prosecuting Attorney's Giglio List
   Sec. 1. As used in this chapter, "affected law enforcement
officer" means a law enforcement officer whose name is included
on a Giglio list.
   Sec. 2. As used in this chapter, "Giglio designee" means the
person in a law enforcement agency who is responsible for
handling Giglio issues.
   Sec. 3. As used in this chapter, "Giglio list" means a list of
names that a prosecuting attorney maintains in order to comply
with applicable law and the Indiana Rules of Criminal Procedure.
   Sec. 4. (a) The Giglio designee shall notify the prosecuting
attorney having jurisdiction over the area served by the law
enforcement officer, if, after a criminal or internal investigation,
a law enforcement officer has been found to have committed, or
been criminally charged with any of the following:

      (1) An intentional act of dishonesty, including material
      untruthfulness in reports and testimony.
      (2) A violation of the criminal code.

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      (3) An intentional act that demonstrates mishandling of
      evidence.
      (4) Excessive force.
      (5) Racially motivated bias, speech, or acts.
   (b) If a law enforcement agency:
      (1) imposes discipline for an offense described in subsection
      (a); or
      (2) becomes aware of the imposition of discipline by another
      law enforcement agency for an offense described in subsection
      (a);
the Giglio designee shall notify the prosecuting attorney having
jurisdiction over the area served by the law enforcement officer of
the discipline.
   (c) The Giglio designee shall disclose any potential exculpatory
evidence to the prosecuting attorney, as described in subsection (a).
   Sec. 5. (a) If a prosecuting attorney receives notice under section
4 of this chapter, the prosecuting attorney shall independently
review the information and make a determination concerning
placement of the law enforcement officer's name on a Giglio list.
   (b) If the prosecuting attorney places a law enforcement
officer's name on a Giglio list, the prosecuting attorney shall send
written notice to the affected law enforcement officer's current
employer or last known employer.
   (c) The notice must include the following information:
      (1) The law enforcement officer's right to request relevant
      materials from the prosecuting attorney.
      (2) The law enforcement officer's right to provide
      supplemental information to the prosecuting attorney.
      (3) The law enforcement officer's right to request
      reconsideration.
      (4) Information about the reconsideration process.
   (d) Upon receipt of the notice described in subsection (b), an
employer shall send a copy of the written notice to the affected law
enforcement officer.
   Sec. 6. (a) An affected law enforcement officer may submit a
request for reconsideration to the prosecuting attorney not later
thirty (30) days after receipt of the notice described in section 5(d)
of this chapter, or upon a change in circumstances.
   (b) The prosecuting attorney shall do one (1) of the following:
      (1) Approve the request for reconsideration and remove the
      law enforcement officer's name from the Giglio list.
      (2) Deny the request for reconsideration and keep the law

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      enforcement officer's name on the Giglio list.
   (c) If an affected law enforcement officer does not comply with
the requirements for reconsideration, the affected law enforcement
officer's name shall remain on the Giglio list.
   (d) A prosecuting attorney may, at any time, remove a law
enforcement officer's name from a Giglio list if the prosecuting
attorney receives material information that was not known or not
available at the time of the initial determination.
   Sec. 7. A prosecuting attorney that uses and maintains a Giglio
list shall do the following:

      (1) Adopt policies:
         (A) outlining the procedure for placement of a law
         enforcement officer's name on a Giglio list;
         (B) concerning the reconsideration process; and
         (C) about notice requirements.

      (2) Use a Giglio list, if the subject officer is a material witness,
      to:

         (A) make charging decisions; and
         (B) disclose relevant impeachment information to defense
         counsel of record in criminal cases as required by law.
      However, a prosecuting attorney may not disclose the
      information contained in the list outside of required discovery
      in a criminal case.
   Sec. 8. (a) A law enforcement agency that employs an affected
law enforcement officer may not:
      (1) demote;
      (2) suspend;
      (3) terminate; or
      (4) impose discipline upon;
a law enforcement officer because the law enforcement officer's
name was placed on a Giglio list.
   (b) A law enforcement officer may be subject to discipline,
demotion, suspension, or termination if the facts underlying the
reason for placement on a Giglio list are established in a
disciplinary proceeding.
   Sec. 9. Nothing in this chapter modifies current law concerning
Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405
U.S. 150 (1972), or court rules relating to criminal prosecutions.
However, the provisions of this chapter apply to the extent that
they are not clearly inconsistent with Brady v. Maryland, Giglio v.
United States, or court rules relating to criminal prosecutions.
   Sec. 10. A prosecuting attorney is immune from civil liability for

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placing a law enforcement officer's name on a Giglio list.
   SECTION 2. IC 34-30-2.1-550.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 550.5. IC 33-39-12-10
(Concerning an act related to a prosecuting attorney's Giglio list).

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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