House Bill 869

(COMMITTEE SUBSTITUTE)

AN ACT TO REQUIRE A PROSECUTOR TO GIVE NOTICE TO A LAW ENFORCEMENT OFFICER BEFORE SENDING A GIGLIO LETTER OR PLACING THE OFFICER'S NAME ON A GIGLIO LIST; TO DEFINE THE TERMS "GIGLIO LETTER" AND "GIGLIO LIST"; TO REQUIRE THE PROSECUTOR TO GIVE THE OFFICER AN OPPORTUNITY TO REVIEW MATERIALS AND MEET WITH THE PROSECUTOR BEFORE THE GIGLIO LETTER IS SENT; TO AUTHORIZE AN OFFICER TO APPEAL A PROSECUTOR'S DECISION TO SEND A GIGLIO LETTER TO THE CIRCUIT COURT IN WHICH THE OFFICER RESIDES FOR A DE NOVO REVIEW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) For purposes of this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "Giglio letter" or "Giglio notification" means communication, whether written or oral, made by a prosecuting attorney to the employer of a law enforcement officer which gives notice to the employer that the prosecuting attorney has determined that the officer may not be called to testify at trial due to the officer's alleged untruthfulness, bias, lack of candor, lack of integrity, illegal conduct, moral turpitude or other type of issue that places the officer's credibility in question.

(b) "Giglio list," "Brady-Giglio list," or "Do Not Call list" means a list compiled by a prosecuting attorney which contains the names and details of law enforcement officers who, due to alleged untruthfulness, bias, lack of candor, lack of integrity, illegal conduct, moral turpitude or other type of issue that places an officer's credibility in question, the prosecuting attorney has determined may not be called to testify at trial.

(c) "Prosecuting attorney" means a licensed attorney whose duties include the prosecution of criminal offenses under the laws of this state or a jurisdiction represented by that attorney in the State of Mississippi. The term "prosecuting attorney" includes employees of the state and local governments, whether full-time or part-time, and attorneys in private practice with whom a governmental agency has contracted for prosecutorial services. "Prosecuting attorney" includes, but is not limited to, the following:

(i) The Attorney General and attorneys employed by the Attorney General;

(ii) District attorneys and assistant district attorneys;

(iii) County attorneys;

(iv) Municipal attorneys;

(v) Attorneys in private practice with whom a governmental entity contracts for prosecutorial services;

(vi) A special prosecutor; and

(vii) Any other attorney serving as a prosecutor before a tribunal in the State of Mississippi.

(2) Before a prosecuting attorney sends a Giglio letter or adds the name of a law enforcement officer to a Giglio list, the prosecuting attorney must send a written preliminary notice by U.S. mail or email to the officer's current or last known address. The notice must include, at a minimum, all of the following:

(a) Notification that a Giglio letter concerning the officer may be sent to the officer's employer or that the officer's name may be placed on a Giglio list maintained by the prosecuting attorney;

(b) A description of the incident or issue that is the basis of the prosecuting attorney's decision to send the Giglio letter or place the officer's name on a Giglio list;

(c) The officer's right to request documents, records and any other evidence in the prosecuting attorney's possession which is relevant to the decision of whether a Giglio letter will be sent or the officer's name will be placed on a Giglio list;

(d) The officer's right to give input to the prosecuting attorney before the final determination of whether a Giglio letter will be sent or the officer's name will be placed on a Giglio list is made;

(e) The date, time and location that the officer may be heard and present material in the officer's defense; and

(f) The officer's right to be accompanied by counsel at any meeting conducted pursuant to this subsection.

(3) If, after providing a law enforcement officer an opportunity to be heard, a prosecuting attorney determines that a Giglio letter or placing the officer's name on a Giglio list is warranted, the prosecuting attorney must notify the officer in writing, no later than thirty (30) days after the date of the meeting held pursuant to subsection (2), of the decision. The notification must advise the officer of the right to appeal the prosecuting attorney's determination in the circuit court of the jurisdiction in which the officer resides. The appeal must be taken no later than thirty (30) days after the date on which the officer receives the notification required under this subsection. The circuit court shall conduct a de novo review in the appeal.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.