Bill would make permanent last year’s changes to ‘Brady-Giglio’ law

Iowa House members unanimously passed legislation Tuesday disposing of the sunset provision on recent changes made to the state dealing with “Brady-Giglio lists” — documents kept by prosecutors of law enforcement officers whose credibility is in question.

House File 631 removes the July 1, 2023, repeal that included in a measure signed into law by Gov. Kim Reynolds last year formalizing the procedure for officers whose names are placed on such a list. Officers can be placed on such lists for multiple reasons, including complaints of misconduct related to lying, racial discrimination and excessive force. Officers who have failed to turn over evidence or who have impeached themselves in court may also end up on such lists — although before the 2022 law took effect, those lists could be informal.

With the 2022 law signed, Iowa officers must be notified if they’re placed on a “Brady-Giglio list,” and the prosecuting agency must provide an avenue for the officer to request reconsideration.

Rep. Mike Vondran, R-Davenport, said the lists are the result of U.S. Supreme Court ruling that forces prosecutors to disclose exculpatory evidence to the defense. The 2023 bill also requires that the keepers of the lists refrain from publicly disclosing related information — including material such as recordings, transcripts or statements — with the caveat that the law cannot be construed to prohibit an officer’s legal counsel from accessing the information.

“The current law does not prevent prosecutors from disclosing the information,” Vondran said. “But it does allow for an officer to have a chance to appeal and the replacement of the list as well as to challenge the evidence.”

The bill passed unanimously, and heads to the Senate for consideration.