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H. B. No. 610 *HR26/R414* ~ OFFICIAL ~ G1/2
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Burch, Arnold, Hall
HOUSE BILL NO. 610
AN ACT TO REQUIRE A PROSECUTOR TO GIVE NOTICE TO A LAW 1
ENFORCEMENT OFFICER BEFORE SENDING A GIGLIO LETTER OR PLACING THE 2
OFFICER'S NAME ON A GIGLIO LIST; TO DEFINE THE TERMS "GIGLIO 3
LETTER" AND "GIGLIO LIST"; TO REQUIRE THE PROSECUTOR TO GIVE THE 4
OFFICER AN OPPORTUNITY TO REVIEW MATERIALS AND MEET WITH THE 5
PROSECUTOR BEFORE THE GIGLIO LETTER IS SENT; TO AUTHORIZE AN 6
OFFICER TO APPEAL A PROSECUTOR'S DECISION TO SEND A GIGLIO LETTER 7
TO THE CIRCUIT COURT IN WHICH THE OFFICER RESIDES FOR A DE NOVO 8
REVIEW; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:10
SECTION 1. (1) For purposes of this section, the following 11
words and phrases have the meanings ascribed in this subsection 12
unless the context clearly requires otherwise: 13
(a) "Giglio letter" or "Giglio notification" means 14
communication, whether written or oral, made by a prosecuting 15
attorney to the employer of a law enforcement officer which gives 16
notice to the employer that the prosecuting attorney has 17
determined that the officer may not be called to testify at trial 18
due to the officer's alleged untruthfulness, bias, lack of candor, 19
lack of integrity, illegal conduct, moral turpitude or other type 20
of issue that places the officer's credibility in question. 21
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(b) "Giglio list," "Brady-Giglio list," or "Do Not Call 22
list" means a list compiled by a prosecuting attorney which 23
contains the names and details of law enforcement officers who, 24
due to alleged untruthfulness, bias, lack of candor, lack of 25
integrity, illegal conduct, moral turpitude or other type of issue 26
that places an officer's credibility in question, the prosecuting 27
attorney has determined may not be called to testify at trial. 28
(c) "Prosecuting attorney" means a licensed attorney 29
whose duties include the prosecution of criminal offenses under 30
the laws of this state or a jurisdiction represented by that 31
attorney in the State of Mississippi. The term "prosecuting 32
attorney" includes employees of the state and local governments, 33
whether full-time or part-time, and attorneys in private practice 34
with whom a governmental agency has contracted for prosecutorial 35
services. "Prosecuting attorney" includes, but is not limited to, 36
the following: 37
(i) The Attorney General and attorneys employed by 38
the Attorney General; 39
(ii) District attorneys and assistant district 40
attorneys; 41
(iii) County attorneys; 42
(iv) Municipal attorneys; 43
(v) Attorneys in private practice with whom a 44
governmental entity contracts for prosecutorial services; 45
(vi) A special prosecutor; and 46
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(vii) Any other attorney serving as a prosecutor 47
before a tribunal in the State of Mississippi. 48
(2) Before a prosecuting attorney sends a Giglio letter or 49
adds the name of a law enforcement officer to a Giglio list, the 50
prosecuting attorney must send a written preliminary notice by 51
U.S. mail or email to the officer's current or last known address. 52
The notice must include, at a minimum, all of the following: 53
(a) Notification that a Giglio letter concerning the 54
officer may be sent to the officer's employer or that the 55
officer's name may be placed on a Giglio list maintained by the 56
prosecuting attorney; 57
(b) A description of the incident or issue that is the 58
basis of the prosecuting attorney's decision to send the Giglio 59
letter or place the officer's name on a Giglio list; 60
(c) The officer's right to request documents, records 61
and any other evidence in the prosecuting attorney's possession 62
which is relevant to the decision of whether a Giglio letter will 63
be sent or the officer's name will be placed on a Giglio list; 64
(d) The officer's right to give input to the 65
prosecuting attorney before the final determination of whether a 66
Giglio letter will be sent or the officer's name will be placed on 67
a Giglio list is made; 68
(e) The date, time and location that the officer may be 69
heard and present material in the officer's defense; and 70
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ST: Giglio letter; require prosecutors to give
law enforcement officers an opportunity to be
heard before sending.
(f) The officer's right to be accompanied by counsel at 71
any meeting conducted pursuant to this subsection. 72
(3) If, after providing a law enforcement officer an 73
opportunity to be heard, a prosecuting attorney determines that a 74
Giglio letter or placing the officer's name on a Giglio list is 75
warranted, the prosecuting attorney must notify the officer in 76
writing, no later than thirty (30) days after the date of the 77
meeting held pursuant to subsection (2), of the decision. The 78
notification must advise the officer of the right to appeal the 79
prosecuting attorney's determination in the circuit court of the 80
jurisdiction in which the officer resides. The appeal must be 81
taken no later than thirty (30) days after the date on which the 82
officer receives the notification required under this subsection. 83
The circuit court shall conduct a de novo review in the appeal. 84
SECTION 2. This act shall take effect and be in force from 85
and after July 1, 2026. 86