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MS HB869

Bill

Status

Failed

4/2/2024

Primary Sponsor

Elliot Burch

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Requires prosecutors to send written preliminary notice to law enforcement officers before sending a Giglio letter or placing the officer's name on a Giglio list, delivered by U.S. mail or email to the officer's current or last known address.

  • Notice must include a description of the incident or issue, the officer's right to request relevant documents and evidence, the right to provide input, the meeting date/time/location, and the right to be accompanied by counsel.

  • Requires prosecutors to provide officers an opportunity to be heard and present materials in their defense before making a final determination on whether to send a Giglio letter or place the officer on a list.

  • Requires prosecutors to notify officers in writing of their final decision within 30 days after the hearing, and advises officers of their right to appeal the decision to circuit court.

  • Allows officers to appeal a prosecutor's Giglio determination to the circuit court in their jurisdiction of residence within 30 days of receiving notification, with the court conducting a de novo (new) review.

Legislative Description

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

Last Action

Died In Committee

4/2/2024

Committee Referrals

Judiciary, Division B3/19/2024
Judiciary B2/2/2024

Full Bill Text

No bill text available