A bill for an act relating to Brady-Giglio list appeals and law enforcement officers’ rights, and providing effective date and applicability provisions.

2025-2026 Regular Session

Officers placed on Brady-Giglio lists can appeal the decision, and if they win, the state or employing jurisdiction must pay equitable relief, attorney fees, and costs.

Committee report approving bill, renumbered as SF 2504.

#appellateprocedure #districtcourts #fees #lawenforcement #rights

What the bill is about

SSB 3198 establishes rights and remedies for law enforcement officers who are placed on a Brady-Giglio list by a prosecuting agency. The measure ensures that officers have a formal process to appeal such placements, and, if the officer prevails on appeal, provides for equitable relief and recovery of attorney fees, expenses, and court costs. The bill also sets effective date and retroactive applicability provisions.

Key provisions

Right to appeal placement on Brady-Giglio list

An officer who is placed on a Brady-Giglio list by a prosecuting agency is granted rights under the bill, regardless of when the placement occurred.
The bill creates an appeals mechanism for officers to challenge the decision to place them on the list.

Relief for successful appeals

If an officer appeals a Brady-Giglio placement and prevails, the court must award:
Equitable relief (unspecified in the text provided, but typically remedies such as restoration of rights, expungement, or other equitable remedies)
Reasonable attorney fees
Expenses and court costs
The responsibility for paying these awards falls on the state or the employing/financing jurisdiction (the municipality or county) that employs or is responsible for the prosecuting agency.

Retroactivity and applicability

The bill applies retroactively to:
The placement of officers on Brady-Giglio lists
Subsequent proceedings and orders occurring on or after July 1, 2021

Effective date

The bill takes effect upon enactment.

Who is affected

Law enforcement officers who have been placed on Brady-Giglio lists by prosecuting agencies, including those whose placement occurred before the bill’s enactment, are covered for appeal rights under this bill.

Prosecuting agencies (district attorneys or equivalent) and the entities that employ or fund them (state, municipalities, counties) would face potential liability for awarded equitable relief, attorney fees, and costs when an officer prevails on appeal.

Judicial system would handle the appeals process and award determinations.

Procedural/timeline aspects

Introduced and referred to Ways and Means on May 1, 2026.

A subcommittee was formed the same day, followed by a committee report approving the bill and renumbering it (to SF 2504).

The bill specifies retroactive application to actions on or after July 1, 2021, meaning past placements and related proceedings may be subject to reconsideration or remedies under this act.

Effective date: upon enactment.

Potential impact and considerations

Provides a formal avenue for officers to challenge Brady-Giglio listings, potentially reducing wrongful or unjust placements.

Creates financial exposure for state and local governments if officers prevail on appeal, through equitable relief and reimbursable attorney fees and costs.

Retroactive provision could trigger review of past Brady-Giglio determinations and related proceedings since July 1, 2021.

The exact scope of “equitable relief” is not detailed in the provided text; implementation would require further specification by the courts or accompanying guidance.

Bill