HB 1471 creates a new chapter in the Indiana Code governing a prosecuting attorney’s “Giglio list,” which is a list of law enforcement officers whose credibility or conduct may require disclosure in criminal cases. The bill requires a law enforcement agency’s Giglio designee to notify the relevant prosecuting attorney when an officer has been found, after a criminal or internal investigation, to have committed certain misconduct, including intentional dishonesty, a criminal code violation, mishandling evidence, excessive force, or racially motivated bias, speech, or acts. It also requires notice when discipline is imposed for those offenses, and requires disclosure of potential exculpatory evidence to the prosecutor.
Impact
The bill gives prosecuting attorneys a formal process for reviewing misconduct information, deciding whether to place an officer on a Giglio list, notifying the officer and employer, and handling reconsideration requests. Prosecutors using such a list must adopt policies on placement, notice, and reconsideration, and may use the list for charging decisions and required impeachment disclosures in criminal cases, but may not disclose the list beyond required criminal discovery. The bill also prohibits a law enforcement agency from demoting, suspending, terminating, or disciplining an officer solely because the officer is on a Giglio list, while preserving discipline if the underlying facts are proven in a separate disciplinary proceeding. It adds civil liability immunity for prosecutors who place an officer on the list and makes a conforming change to Indiana’s immunity statute.
Sentiment
The bill appears to have broad bipartisan support based on its unanimous votes in the House and Senate and the final House concurrence vote. The available record shows no committee transcript opposition or recorded dissent, suggesting the measure was generally viewed as a procedural and accountability-focused reform rather than a controversial policy change. The unanimous votes indicate strong agreement on creating a clearer statewide process for handling impeachment evidence related to law enforcement officers.
Contention
The main policy tension in the bill is between transparency in criminal prosecutions and protections for law enforcement officers. Supporters would likely view the bill as standardizing how prosecutors handle credibility-related misconduct and ensuring Brady/Giglio obligations are met, while the officer protections in the bill reflect concern about fairness, due process, and preventing automatic employment consequences from a Giglio listing alone. Another possible point of contention is the scope of misconduct that triggers notice, including excessive force and racially motivated bias, speech, or acts, though no recorded opposition appears in the provided materials.