Bill

Bill > SB2329


MS SB2329

MS SB2329
Giglio letter; require prosecutors to give law enforcement officers an opportunity to be heard before sending.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/13/2025

Introduced Session

2025 Regular Session

Bill Summary

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 Chancery Court In Which The Officer Resides For A De Novo Review; And For Related Purposes.

AI Summary

This bill establishes a detailed process for prosecutors before they can issue a "Giglio letter" or place a law enforcement officer on a "Giglio list" - terms referring to notifications that challenge an officer's credibility due to potential issues like untruthfulness, bias, or misconduct. The bill requires prosecutors to first send a written preliminary notice to the law enforcement officer, which must include details about the potential credibility issue, the officer's right to review relevant documents, an opportunity to provide input and defense, and the ability to bring counsel to a hearing. If after this hearing the prosecutor still decides to send the Giglio letter or add the officer to a Giglio list, they must notify the officer in writing within 30 days and inform them of their right to appeal the decision in the chancery court of their jurisdiction. The appeal must be filed within 30 days of receiving the notification, and the court will conduct a de novo review (a complete review of the case without deferring to the original decision). The bill defines "prosecuting attorney" broadly to include various types of prosecutors at state and local levels, and is set to take effect on July 1, 2025. The legislation aims to provide law enforcement officers with due process and an opportunity to defend their professional reputation before being labeled as potentially untrustworthy.

Committee Categories

Justice

Sponsors (2)

Last Action

Died On Calendar (on 02/13/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...