SB197 - Revises provisions relating to criminal procedure. (BDR 14-196)

S.B. 197 - *SB197* SENATE BILL NO. 197–SENATOR DALY FEBRUARY 10, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal procedure. (BDR 14-196) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal procedure; establishing various requirements relating to the placement of certain persons on a Brady-Giglio list; providing certain rights to certain law enforcement officers and employees of a law enforcement agency; and providing other matters properly relating thereto. Legislative Counsel’s Digest: In Brady v. Maryland, the United States Supreme Court held that a prosecutor 1 may violate the due process protections guaranteed by the United States 2 Constitution if the prosecutor withholds “evidence favorable to the accused” in a 3 criminal case, thus undermining the defendant’s right to a fair trial. (373 U.S. 83, 4 86-87 (1963)) This includes evidence that could impeach the credibility of a 5 witness. (Giglio v. United States, 405 U.S. 150, 154 (1972)) Section 1 of this bill 6 defines the term “Brady-Giglio list” to mean a system, index, list or other record 7 established and maintained by a prosecuting agency for the purpose of satisfying 8 the obligation of the prosecuting agency to disclose exculpatory evidence to a 9 defendant pursuant to Brady v. Maryland and Giglio v. United States. Section 1 10 requires a prosecuting agency that maintains a Brady-Giglio list to adopt a policy 11 concerning the placement of a law enforcement officer or employee of a law 12 enforcement agency on a Brady-Giglio list. Section 1 also: (1) sets forth certain 13 requirements relating to any such policy; (2) grants certain rights to a law 14 enforcement officer or employee of a law enforcement agency relating to placement 15 on a Brady-Giglio list; and (3) prohibits a prosecuting agency from disclosing 16 certain information concerning a law enforcement officer or employee of a law 17 enforcement agency who may be called as a witness in a criminal case under 18 certain circumstances. 19 Section 2 of this bill requires a prosecuting agency to notify each law 20 enforcement officer or employee of a law enforcement agency whose name is 21 included on a Brady-Giglio list on July 1, 2025, of the right of the officer or 22 employee to submit a request for reconsideration of the placement of the officer or 23 – 2 – - *SB197* employee on the Brady-Giglio list. Section 2 also requires a prosecuting agency to 24 remove the officer or employee from the Brady-Giglio list if: (1) the prosecuting 25 agency determines that the conduct of the officer or employee does not warrant 26 inclusion of the officer or employee on the Brady-Giglio list; and (2) certain other 27 requirements are met. 28 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 178 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Before a prosecuting agency places a law enforcement 3 officer or employee of a law enforcement agency on a Brady- 4 Giglio list, the prosecuting agency shall send to the officer or 5 employee written notice of the potential placement of the officer or 6 employee on the Brady-Giglio list. The notice must include, 7 without limitation: 8 (a) A statement that the officer or employee may be placed on 9 the Brady-Giglio list maintained by the prosecuting agency; 10 (b) Notice of the right of the officer or employee to: 11 (1) Request that the prosecuting agency provide to the 12 officer or employee any document, record or other evidence 13 possessed by the prosecuting agency and relevant to its 14 determination concerning whether to place the officer or employee 15 on a Brady-Giglio list; and 16 (2) Provide input to the prosecuting agency concerning 17 placement on a Brady-Giglio list before the prosecuting agency 18 may place the officer or employee on any such list; and 19 (c) Information concerning any procedural requirements 20 applicable to the exercise of a right described in paragraph (b). 21 2. Upon making a determination to place a law enforcement 22 officer or employee of a law enforcement agency on a Brady- 23 Giglio list, the prosecuting agency shall send to the officer or 24 employee written notice of the placement of the officer or 25 employee on the Brady-Giglio list. The notice must include, 26 without limitation: 27 (a) A statement that the officer or employee has been placed 28 on the Brady-Giglio list maintained by the prosecuting agency; 29 (b) Notice of the right of the officer or employee to request that 30 the prosecuting agency reconsider the placement of the officer or 31 employee on the Brady-Giglio list; and 32 (c) Information concerning any procedural requirements 33 applicable to the exercise of a right described in paragraph (b), 34 including, without limitation, the time frame and manner in which 35 the officer or employee must submit a request for reconsideration 36 – 3 – - *SB197* of the placement of the officer or employee on the Brady-Giglio 1 list. 2 3. If a law enforcement officer or employee of a law 3 enforcement agency: 4 (a) Does not submit a request for reconsideration of placement 5 on a Brady-Giglio list or fails to comply with a procedural 6 requirement applicable to the submission of a request for 7 reconsideration of placement on a Brady-Giglio list, the officer or 8 employee must remain on the Brady-Giglio list until such time as 9 the prosecuting agency determines that the conduct of the officer 10 or employee no longer warrants inclusion of the officer or 11 employee on the Brady-Giglio list. 12 (b) Submits a request for reconsideration of placement on a 13 Brady-Giglio list, the prosecuting agency shall: 14 (1) Approve the request and remove the officer or employee 15 from the Brady-Giglio list if the prosecuting agency determines 16 that the conduct of the officer or employee does not warrant 17 inclusion of the officer or employee on the Brady-Giglio list. 18 (2) Deny the request if the prosecuting agency determines 19 that the conduct of the officer or employee warrants inclusion of 20 the officer or employee on the Brady-Giglio list. An officer or 21 employee whose request for reconsideration is denied shall remain 22 on the Brady-Giglio list until such time as the prosecuting agency 23 determines that the conduct of the officer or employee no longer 24 warrants inclusion of the officer or employee on the Brady-Giglio 25 list. 26 4. A prosecuting agency shall send the notice required by 27 subsections 1 and 2 by mail or electronic mail to the current or 28 last known place of employment of the law enforcement officer or 29 employee of a law enforcement agency. Upon receipt of any such 30 notice, the employer shall: 31 (a) Deliver the notice to the officer or employee to whom the 32 notice pertains, if the officer or employee is employed by the 33 employer. 34 (b) Send the notice by mail or electronic mail to the current or 35 last known address of the officer or employee to whom the notice 36 pertains, if the officer or employee is no longer employed by the 37 employer. 38 5. A prosecuting agency that maintains a Brady-Giglio list 39 shall adopt a policy concerning the placement of a law 40 enforcement officer or employee of a law enforcement agency on a 41 Brady-Giglio list. The policy must: 42 (a) Provide the rights described in subsections 1 and 2 to 43 officers and employees; 44 (b) Include, without limitation: 45 – 4 – - *SB197* (1) The criteria used by the prosecuting agency to 1 determine whether to place an officer or employee on a Brady- 2 Giglio list; and 3 (2) The time frame within which the prosecuting agency 4 must provide the notice required by subsections 1 and 2; and 5 (c) Prescribe procedural requirements applicable to the 6 exercise of a right described in subsection 1 or 2. 7 6. Except as otherwise provided in paragraph (b) or required 8 by federal or state law or court order, a prosecuting agency: 9 (a) Shall not disclose any information maintained by the 10 prosecuting agency relating to a law enforcement officer or 11 employee of a law enforcement agency who may be called as a 12 witness in a criminal case. 13 (b) May disclose the information described in paragraph (a) to 14 an officer or employee described in paragraph (a) or the legal 15 counsel of any such officer or employee upon the request of the 16 officer or employee. 17 7. The rights provided by this section are in addition to any 18 rights negotiated pursuant to a collective bargaining agreement 19 and any other rights recognized by law. 20 8. Nothing in this section shall be construed to: 21 (a) Limit the ability of a prosecuting agency to remove a law 22 enforcement officer or employee of a law enforcement agency 23 from a Brady-Giglio list if the prosecuting agency determines that 24 the conduct of the officer or employee no longer warrants 25 inclusion of the officer or employee on the Brady-Giglio list. 26 (b) Affect any obligation placed upon a prosecuting attorney 27 by the Nevada Constitution or the United States Constitution. 28 (c) Prohibit a law enforcement officer or employee of a law 29 enforcement agency from bringing a private cause of action for 30 damages resulting from the placement of the officer or employee 31 on a Brady-Giglio list. 32 9. As used in this section: 33 (a) “Brady-Giglio list” means a system, index, list or other 34 record established and maintained by a prosecuting agency for the 35 purpose of satisfying the obligation of the prosecuting agency to 36 disclose exculpatory evidence to a defendant pursuant to Brady v. 37 Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 38 U.S. 150 (1972). 39 (b) “Law enforcement agency” means: 40 (1) The sheriff’s office of a county; 41 (2) A metropolitan police department; or 42 (3) A police department of an incorporated city. 43 – 5 – - *SB197* (c) “Prosecuting agency” includes the Attorney General and 1 the district attorney or city attorney of any county or city, 2 respectively. 3 Sec. 2. 1. Not more than 90 days after July 1, 2025, a 4 prosecuting agency that maintains a Brady-Giglio list shall send to 5 each law enforcement officer or employee of a law enforcement 6 agency whose name is included on the Brady-Giglio list maintained 7 by the prosecuting agency on July 1, 2025, written notice of the 8 right of the officer or employee to request that the prosecuting 9 agency reconsider the placement of the officer or employee on the 10 Brady-Giglio list. The notice must: 11 (a) Be sent in the manner described in subsection 4 of section 1 12 of this act; and 13 (b) Include, without limitation, the information described in 14 subsection 2 of section 1 of this act. 15 2. If a law enforcement officer or employee of a law 16 enforcement agency who receives the notice required by 17 subsection 1: 18 (a) Does not submit a request for reconsideration of the 19 placement of the officer or employee on the Brady-Giglio list or 20 fails to comply with a procedural requirement applicable to the 21 submission of any such request, the officer or employee must 22 remain on the Brady-Giglio list until such time as the prosecuting 23 agency determines that the conduct of the officer or employee no 24 longer warrants inclusion of the officer or employee on the Brady- 25 Giglio list. 26 (b) Submits a request for reconsideration of the placement of the 27 officer or employee on the Brady-Giglio list, the prosecuting agency 28 shall: 29 (1) Approve the request and remove the officer or employee 30 from the Brady-Giglio list if the prosecuting agency determines that 31 the conduct of the officer or employee does not warrant inclusion of 32 the officer or employee on the Brady-Giglio list. 33 (2) Deny the request if the prosecuting agency determines 34 that the conduct of the officer or employee warrants inclusion of the 35 officer or employee on the Brady-Giglio list. An officer or employee 36 whose request for reconsideration is denied shall remain on the 37 Brady-Giglio list until such time as the prosecuting agency 38 determines that the conduct of the officer or employee no longer 39 warrants inclusion of the officer or employee on the Brady-Giglio 40 list. 41 3. As used in this section: 42 (a) “Brady-Giglio list” has the meaning ascribed to it in section 43 1 of this act. 44 – 6 – - *SB197* (b) “Law enforcement agency” has the meaning ascribed to it in 1 section 1 of this act. 2 (c) “Prosecuting agency” has the meaning ascribed to it in 3 section 1 of this act. 4 Sec. 3. This act becomes effective on July 1, 2025. 5 H