SB2334 Giglio letter; require prosecutors to give law enforcement…

Plain English Breakdown

The official source material does not provide specific details about the appeals process or how many police officers will be affected by this proposed change in procedure.

Law to Protect Police Officers Before Sending Giglio Letters

This law requires prosecutors to notify police officers before sending a Giglio letter or adding their name to the Giglio list and gives officers an opportunity to review materials and meet with the prosecutor.

What This Bill Does

Defines what a 'Giglio letter' is: a message from a prosecutor telling an officer's employer that the officer might not be allowed to testify because of issues with honesty, bias, or other problems.
Explains what a 'Giglio list' is: a list made by prosecutors of officers who may not be called as witnesses due to credibility concerns.
Requires prosecutors to notify police officers in writing before sending a Giglio letter or adding their name to the list.
Allows officers to ask for documents and evidence related to why they might get a Giglio letter or be put on the list.
Gives officers the right to meet with the prosecutor and present their case before any final decision is made.

Who It Names or Affects

Law enforcement officers who may receive a Giglio letter or have their name added to a Giglio list.
Prosecutors who send out Giglio letters or maintain Giglio lists.

Terms To Know

Giglio letter: A message from a prosecutor to an officer's employer about the officer’s credibility issues that may prevent them from testifying in court.
Giglio list: A list of officers who prosecutors believe should not be called as witnesses due to credibility concerns.

Limits and Unknowns

The bill did not pass and was not signed into law.
It is unclear how many police officers will be affected by this proposed change in procedure.
Details about the appeals process, such as what happens if an officer disagrees with a prosecutor's decision, are limited.

Official Summary Text

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

Current Bill Text

Read the full stored bill text

S. B. No. 2334 *SS26/R587* ~ OFFICIAL ~ G1/2
26/SS26/R587
PAGE 1 (ens\kr)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2334

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 CHANCERY 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
S. B. No. 2334 *SS26/R587* ~ OFFICIAL ~
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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
S. B. No. 2334 *SS26/R587* ~ OFFICIAL ~
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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 is made of 66
whether a Giglio letter will be sent or the officer's name will be 67
placed on a Giglio list; 68
(e) The date, time and location that the officer may be 69
heard and present material in the officer's defense; and 70
S. B. No. 2334 *SS26/R587* ~ OFFICIAL ~
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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 chancery 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 chancery 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