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Back to HB 1254
Tennessee General Assembly· HB 1254Transmitted to Governor for his action.

Law Enforcement - As enacted, requires a prosecuting agency that maintains a Brady list to adopt a policy that meets certain requirements. - Amends TCA Title 38, Chapter 8. HB1254 has been assigned Public Chapter Number , the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                        ~tate of ~ennessee

                           PUBLIC CHAPTER NO. 770

                                                  HOUSE BILL NO. 1254

                                    By Representatives J\lexander, Crawford

                                       Substituted for: Senate Bill No. 1210

                                        By Senators Harshbarger, Bowling

         AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 8, relative to law
enforcement officers' rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Title 38, Chapter 8, Part 3, is amended by
adding the following new section:

                   (a) As used in this section:

                             (1) "Brady list" means a designation made, letter issued, or list compiled
                   by a prosecuting agency containing the names and details of law enforcement
                   officers who have sustained incidents of untruthfulness, criminal convictions,
                   candor issues, or other issues that place the officer's credibility into question; and

                             (2) "Prosecuting agency" means the offices of the district attorney general
                   and assistant district attorneys general for each judicial district, the office of a
                   district attorney general pro tern, and the offices of the attorney for each county
                   and municipality that is responsible for prosecuting criminal violations.

                   (b) A prosecuting agency that maintains a Brady list shall adopt a policy that
          must be sent to all law enforcement agencies in the district for comment before the
          policy is adopted. At a minimum, the policy must include the following:

                             (1) The criteria used by the prosecuting agency to place an officer's name
                   on a Brady list;

                             (2) The officer's .right to receive written notice and a summary of the
                   reasoning of the prosecuting agency before the prosecuting agency places the
                   officer's name on a Brady list, and the officer's right to provide input to the
                   prosecuting agency before the prosecuting agency makes a determination of
                   whether the officer's name should be placed on a Brady list;

                             (3) The officer's right to make a request for reconsideration of the
                   prosecuting agency's determination to include the officer's name on a Brady list
                   and to submit supporting and corroborating documents and evidence in support
                   of the officer's request for reconsideration; and

                             (4) The applicable time frame and procedures for notifying the officer of
                   the prosecuting agency's final decision on an officer's request for
                   reconsideration.

                    (c) As soon as practicable, before a prosecuting agency makes a determination
          to place a law enforcement officer's name on a Brady list, the prosecuting agency shall
          send a written notice by mail or email to the law enforcement officer's current or last
          known employment address. On receipt of the notice, the law enforcement officer's
          current or last known employer shall provide the written notice to the officer at the
          officer's last known address The written notice must include, at a minimum, the
          following:

                             (1) A notice that the officer's name may be placed on a Brady list;
HB1254

                              (2) A summary of the justifications for Brady list consideration;

                              (3) The officer's right to provide input to the prosecuting agency prior to
                   the prosecuting agency's determination of whether the officer's name should be
                    placed on a Brady list; and

                              (4) The prosecuting agency's procedural requirements for an officer to
                    provide input to the prosecuting agency.

                    (d) If the prosecuting agency places an officer's name on a Brady list, then the
          prosecuting agency shall send a written notice by mail or email to the officer's current or
          last known employment address. Upon receipt of the notice, the officer's current or last
          known employer shall provide the written notice to the officer at the officer's last known
          address. The written notice must include, at a minimum, the following:

                              (1) The officer's right to make a request to reconsider the allegations and
                    placement on a Brady list;

                              (2) The prosecuting agency's procedural requirements for submitting a
                    written request for reconsideration, including the method and time frame for
                    submitting the request for reconsideration and any supporting and corroborating
                    documents and evidence from any pertinent sources;

                              (3) A summary of the justifications for inclusion of the officer's name on a
                    Brady list; and

                              (4) A statement that, if the officer intends to make a request to reconsider
                    placement on a Brady list, then the officer must submit the written request for
                    reconsideration to the prosecuting agency as soon as practicable after receiving
                    the notice.

                    (e) If an officer submits a request for reconsideration pursuant to this section and
          the officer's request for reconsideration is approved by the prosecuting agency on its
          merits, then the officer's name must be removed from the Brady list. If the officer's
          request for reconsideration is denied by the prosecuting agency, then the officer's name
          must remain on the Brady list. If an officer does not submit a request for reconsideration
          or fails to comply with the requirements for submitting a request for reconsideration, then
          the officer's name must remain on the Brady list.

                    (f) This section does not limit the duty of a prosecuting agency to produce Brady
          disclosure information in all cases as required by the United States Constitution, the
          Tennessee Constitution, and the Tennessee rules of criminal procedure and rules of
          evidence, before, during, and after the initial placement of the law enforcement officer's
          name on a Brady list while the decision or a request for reconsideration is still under
          consideration.

                    (g) This section does not limit or restrict a prosecuting agency's ability to remove
          a law enforcement officer's name from a Brady list upon receipt of additional supporting
          and corroborating information or a change in factual circumstances at any time if the
          prosecuting agency determines that the law enforcement officer's name no longer
          requires placement on a Brady list.

                    (h) A Brady list or any other files, evidence, or records used to make a Brady list
          determination that are in the possession of a prosecuting agency are confidential and
          not subject to a public records request under the Tennessee Public Records Act,
          compiled in title 10, chapter 7. This subsection (h) does not prohibit the release of these
          records to the officer or the officer's legal counsel upon the request of the officer or the
          officer's legal counsel, or as otherwise provided by law or court order. This subsection
          (h) does not prohibit the release of these records to another law enforcement agency or
          prosecuting agency in another district.

                    (i) This section does not create a private cause of action against a prosecuting
          agency, an employee of a prosecuting agency, or the employer of the law enforcement
          officer.

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HB1254
          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

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                    HOUSE BILL NO. 1254

PASSED:  April 6, 2026

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                           CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

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                        -'               RANDY M ALLY

                                        SPEAKER OF THE ~NATE

J.f /tpr/ APPROVED this 'St- day of  I   2026

BILL LEE, GOVERNOR      ~
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