Revises provisions relating to criminal procedure. (BDR 14-196)

S.B. 197

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SENATE BILL NO. 197–SENATOR DALY

FEBRUARY 10, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to criminal procedure.
(BDR 14-196)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to criminal procedure; establishing various
requirements relating to the placement of certain persons
on a Brady -Giglio list; providing certain rights to certain
law enforcement officers and employees of a law
enforcement agency; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
In Brady v. Maryland , the United States Supreme Court held that a prosecutor 1
may violate the due process protections guaranteed by the United States 2
Constitution if the prosecutor withholds “evidence favorable to the ac cused” in a 3
criminal case, thus undermining the defendant’s right to a fair trial. (373 U.S. 83, 4
86-87 (1963)) This includes evidence that could impeach the credibility of a 5
witness. (Giglio v. United States , 405 U.S. 150, 154 (1972)) Section 1 of this bill 6
defines the term “Brady -Giglio list” to mean a system, index, list or other record 7
established and maintained by a prosecuting agency for the purpose of s atisfying 8
the obligation of the prosecuting agency to disclose exculpatory evidence to a 9
defendant pursuant to Brady v. Maryland and Giglio v. United States . Section 1 10
requires a prosecuting agency that maintains a Brady -Giglio list to adopt a policy 11
concerning the placement of a law enforcement officer or employee of a law 12
enforcement agency on a Brady -Giglio list. Section 1 also: (1) sets forth certain 13
requirements relating to any such policy; (2) grants certain rights to a law 14
enforcement officer or employee of a law enforcement agency relating to placement 15
on a Brady -Giglio list; and (3) prohibits a prosecuting agency from disclosing 16
certain information concerning a law enforcement officer or employee of a law 17
enforcement agency who may be called as a witness in a cri minal case under 18
certain circumstances. 19
Section 2 of this bill requires a prosecuting agency to notify each law 20
enforcement officer or employee of a law en forcement agency whose name is 21
included on a Brady -Giglio list on July 1, 2025, of the right of the officer or 22
employee to submit a request for reconsideration of the placement of the officer or 23

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employee on the Brady -Giglio list. Section 2 also requires a prosecuting agency to 24
remove the officer or employee from the Brady -Giglio list if: (1) the prosecuting 25
agency determines that the conduct of the officer or employee does not warrant 26
inclusion of the officer or employee on the Brady -Giglio list; and (2) certain other 27
requirements are met. 28

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 178 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Before a prosecuting agenc y places a law enforcement 3
officer or employee of a law enforcement agency on a Brady -4
Giglio list, the prosecuting agency shall send to the officer or 5
employee written notice of the potential placement of the officer or 6
employee on the Brady -Giglio list. T he notice must include, 7
without limitation: 8
(a) A statement that the officer or employee may be placed on 9
the Brady-Giglio list maintained by the prosecuting agency; 10
(b) Notice of the right of the officer or employee to: 11
(1) Request that the prosecu ting agency provide to the 12
officer or employee any document, record or other evidence 13
possessed by the prosecuting agency and relevant to its 14
determination concerning whether to place the officer or employee 15
on a Brady-Giglio list; and 16
(2) Provide input to the prosecuting agency concerning 17
placement on a Brady -Giglio list before the prosecuting agency 18
may place the officer or employee on any such list; and 19
(c) Information concerning any procedural requirements 20
applicable to the exercise of a right described in paragraph (b). 21
2. Upon making a determination to place a law enforcement 22
officer or employee of a law enforcement agency on a Brady -23
Giglio list, the prosecuting agency shall send to the officer or 24
employee written notice of the placement of the officer or 25
employee on the Brady -Giglio list. The notice must include, 26
without limitation: 27
(a) A statement that the officer or employee has been placed 28
on the Brady-Giglio list maintained by the prosecuting agency; 29
(b) Notice of the right of the officer or employee to request that 30
the prosecuting agency reconsider the placement of the officer or 31
employee on the Brady-Giglio list; and 32
(c) Information concerning any procedural requirements 33
applicable to the exercise of a right described i n paragraph (b), 34
including, without limitation, the time frame and manner in which 35
the officer or employee must submit a request for reconsideration 36

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of the placement of the officer or employee on the Brady -Giglio 1
list. 2
3. If a law enforcement officer or employee of a law 3
enforcement agency: 4
(a) Does not submit a request for reconsideration of placement 5
on a Brady -Giglio list or fails to comply with a procedural 6
requirement applicable to the submission of a request for 7
reconsideration of placement on a B rady-Giglio list, the officer or 8
employee must remain on the Brady -Giglio list until such time as 9
the prosecuting agency determines that the conduct of the officer 10
or employee no longer warrants inclusion of the officer or 11
employee on the Brady-Giglio list. 12
(b) Submits a request for reconsideration of placement on a 13
Brady-Giglio list, the prosecuting agency shall: 14
(1) Approve the request and remove the officer or employee 15
from the Brady -Giglio list if the prosecuting agency determines 16
that the conduct o f the officer or employee does not warrant 17
inclusion of the officer or employee on the Brady-Giglio list. 18
(2) Deny the request if the prosecuting agency determines 19
that the conduct of the officer or employee warrants inclusion of 20
the officer or employee on the Brady -Giglio list. An officer or 21
employee whose request for reconsideration is denied shall remain 22
on the Brady-Giglio list until such time as the prosecuting agency 23
determines that the conduct of the officer or employee no longer 24
warrants inclusion of the officer or employee on the Brady -Giglio 25
list. 26
4. A prosecuting agency shall send the notice required by 27
subsections 1 and 2 by mail or electronic mail to the current or 28
last known place of employment of the law enforcement officer or 29
employee of a law enforcement agency. Upon receipt of any such 30
notice, the employer shall: 31
(a) Deliver the notice to the officer or employee to whom the 32
notice pertains, if the officer or employee is employed by the 33
employer. 34
(b) Send the notice by mail or electr onic mail to the current or 35
last known address of the officer or employee to whom the notice 36
pertains, if the officer or employee is no longer employed by the 37
employer. 38
5. A prosecuting agency that maintains a Brady -Giglio list 39
shall adopt a policy conc erning the placement of a law 40
enforcement officer or employee of a law enforcement agency on a 41
Brady-Giglio list. The policy must: 42
(a) Provide the rights described in subsections 1 and 2 to 43
officers and employees; 44
(b) Include, without limitation: 45

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(1) The criteria used by the prosecuting agency to 1
determine whether to place an officer or employee on a Brady -2
Giglio list; and 3
(2) The time frame within which the prosecuting agency 4
must provide the notice required by subsections 1 and 2; and 5
(c) Prescribe procedural requirements applicable to the 6
exercise of a right described in subsection 1 or 2. 7
6. Except as otherwise provided in paragraph (b) or required 8
by federal or state law or court order, a prosecuting agency: 9
(a) Shall not disclose any inform ation maintained by the 10
prosecuting agency relating to a law enforcement officer or 11
employee of a law enforcement agency who may be called as a 12
witness in a criminal case. 13
(b) May disclose the information described in paragraph (a) to 14
an officer or emplo yee described in paragraph (a) or the legal 15
counsel of any such officer or employee upon the request of the 16
officer or employee. 17
7. The rights provided by this section are in addition to any 18
rights negotiated pursuant to a collective bargaining agreemen t 19
and any other rights recognized by law. 20
8. Nothing in this section shall be construed to: 21
(a) Limit the ability of a prosecuting agency to remove a law 22
enforcement officer or employee of a law enforcement agency 23
from a Brady-Giglio list if the prosecuting agency determines that 24
the conduct of the officer or employee no longer warrants 25
inclusion of the officer or employee on the Brady-Giglio list. 26
(b) Affect any obligation placed upon a prosecuting attorney 27
by the Nevada Constitution or the United States Constitution. 28
(c) Prohibit a law enforcement officer or employee of a law 29
enforcement agency from bringing a private cause of action for 30
damages resulting from the placement of the officer or employee 31
on a Brady-Giglio list. 32
9. As used in this section: 33
(a) “Brady-Giglio list” means a system, index, list or other 34
record established and maintained by a prosecuting agency for the 35
purpose of satisfying the obligation of the prosecuting agency to 36
disclose exculpatory evidence to a defendant pursuant t o Brady v. 37
Maryland, 373 U.S. 83 (1963) and Giglio v. United States , 405 38
U.S. 150 (1972). 39
(b) “Law enforcement agency” means: 40
(1) The sheriff’s office of a county; 41
(2) A metropolitan police department; or 42
(3) A police department of an incorporated city. 43

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(c) “Prosecuting agency” includes the Attorney General and 1
the district attorney or city attorney of any county or city, 2
respectively. 3
Sec. 2. 1. Not more than 90 days after July 1, 2025, a 4
prosecuting agency that maintains a Brady -Giglio list shall send to 5
each law enforcement officer or employee of a law enforcement 6
agency whose name is included on the Brady -Giglio list maintained 7
by the prosecuting agency on July 1, 2025, written notice of the 8
right of the officer or employee to request that the prosecuting 9
agency reconsider the placement of the officer or employee on the 10
Brady-Giglio list. The notice must: 11
(a) Be sent in the manner described in subsection 4 of section 1 12
of this act; and 13
(b) Include, without limitation, the information described in 14
subsection 2 of section 1 of this act. 15
2. If a law enforcement officer or employee of a law 16
enforcement agency who receives the notice required by 17
subsection 1: 18
(a) Does not submit a request for reconsideration of the 19
placement of the officer or employee on the Brady -Giglio list or 20
fails to comply with a procedural requirement applicable to the 21
submission of any such request, the officer or empl oyee must 22
remain on the Brady -Giglio list until such time as the prosecuting 23
agency determines that the conduct of the officer or employee no 24
longer warrants inclusion of the officer or employee on the Brady -25
Giglio list. 26
(b) Submits a request for reconsideration of the placement of the 27
officer or employee on the Brady-Giglio list, the prosecuting agency 28
shall: 29
(1) Approve the request and remove the officer or employee 30
from the Brady-Giglio list if the prosecuting agency determines that 31
the conduct of the officer or employee does not warrant inclusion of 32
the officer or employee on the Brady-Giglio list. 33
(2) Deny the request if the prosecuting agency determines 34
that the conduct of the officer or employee warrants inclusion of the 35
officer or employee on the Brady-Giglio list. An officer or employee 36
whose request for reconsideration is denied shall remain on the 37
Brady-Giglio list until such time as the prosecuting agency 38
determines that the conduct of the officer or employee no longer 39
warrants inclusion o f the officer or employee on the Brady -Giglio 40
list. 41
3. As used in this section: 42
(a) “Brady-Giglio list” has the meaning ascribed to it in section 43
1 of this act. 44

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(b) “Law enforcement agency” has the meaning ascribed to it in 1
section 1 of this act. 2
(c) “Prosecuting agency” has the meaning ascribed to it in 3
section 1 of this act. 4
Sec. 3. This act becomes effective on July 1, 2025. 5

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