Officers/Brady & Giglio list

AN ACT Relating to the due process requirements and the 1
procedures of a peace officer being placed on Brady and Giglio lists; 2
and amending RCW 10.93.150. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 10.93.150 and 2018 c 265 s 2 are each amended to 5
read as follows: 6
(1) A disciplinary action or any other adverse personnel action 7
may not be undertaken by a law enforcement agency against a peace 8
officer solely because that officer's name has been placed on a list 9
maintained by a prosecuting attorney's office of recurring witnesses 10
for whom there is known potential impeachment information, or that 11
the officer's name may otherwise be subject to disclosure pursuant to 12
Brady v. Maryland, 373 U.S. 83 (1963). This section does not prohibit 13
a law enforcement agency from taking disciplinary action or any other 14
adverse personnel action against a peace officer based on the 15
underlying acts or omissions for which that officer's name was placed 16
on a prosecutor-maintained list, or may otherwise be subject to 17
disclosure pursuant to Brady v. Maryland , 373 U.S. 83 (1963), if the 18
actions taken by the law enforcement agency otherwise conform to the 19
rules and procedures adopted by the law enforcement agency as 20
determined through collective bargaining. 21
H-3019.1
HOUSE BILL 2643
State of Washington 69th Legislature 2026 Regular Session
By Representatives Simmons, Reeves, Goodman, and Taylor
Read first time 01/23/26. Referred to Committee on Community Safety.
p. 1 HB 2643
(2)(a) A peace officer shall have a due process right to petition 1
the superior court, appeal, or intervene in any action regarding a 2
prosecuting agency's decision to place the officer on a Brady and 3
Giglio list. The superior court shall have jurisdiction to review the 4
prosecuting agency's decision. The court shall perform an in-camera 5
review of the evidence and may hold a closed hearing upon the request 6
of the officer or prosecuting agency, or at the court's discretion. 7
The superior court may affirm, modify, or reverse the decision of the 8
prosecuting agency, and issue appropriate orders or provide relief, 9
including the removal of the officer from a Brady and Giglio list, as 10
justice may require. All evidence presented to the superior court 11
shall be treated under seal and kept confidential unless otherwise 12
specified by law and ordered by the court.13
(b) The standard of proof for any allegation, administrative 14
charge, complaint, cause of action, claim, or defense under this 15
subsection (2) shall be a preponderance of the evidence unless a 16
higher standard of proof is required by law.17
(3) Nothing in this section shall be construed to affect a 18
prosecuting attorney's responsibility to report and share potential 19
impeachment, exculpatory, or credibility information and evidence to 20
defense counsel under the law established by Brady v. Maryland , 373 21
U.S. 83 (1963) and Giglio v. United States , 405 U.S. 150 (1972) and 22
their progeny.23
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p. 2 HB 2643