Indiana § 33-39-12-4 Duty of Giglio designee to disclose specified bad acts to prosecuting
attorney

Indiana Statutes

§ 33-39-12-4 — Duty of Giglio designee to disclose specified bad acts to prosecuting attorney

Indiana·Art. 39 PROSECUTING ATTORNEYS·Ch. 12 Prosecuting Attorney's Giglio List

(a)The Giglio designee shall notify the prosecuting attorney having jurisdiction over the area served by the law enforcement officer, if, after a criminal or internal investigation, a law enforcement officer has been found to have committed, or been criminally charged with any of the following:

(1)An intentional act of dishonesty, including material untruthfulness in reports and testimony.

(2)A violation of the criminal code.

(3)An intentional act that demonstrates mishandling of evidence.

(4)Excessive force.

(5)Racially motivated bias, speech, or acts.

(b)If a law enforcement agency:

(1)imposes discipline for an offense described in subsection (a); or

(2)becomes aware of the imposition of discipline by another law enforcement agency for an offense described in subsection (a); the

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(a) The Giglio designee shall notify the
prosecuting attorney having jurisdiction over the area served by the law
enforcement officer, if, after a criminal or internal investigation, a law
enforcement officer has been found to have committed, or been
criminally charged with any of the following:
(1) An intentional act of dishonesty, including material
untruthfulness in reports and testimony.
(2) A violation of the criminal code.
(3) An intentional act that demonstrates mishandling of evidence.
(4) Excessive force.
(5) Racially motivated bias, speech, or acts.
(b) If a law enforcement agency:
(1) imposes discipline for an offense described in subsection (a);
or
(2) becomes aware of the imposition of discipline by another law
enforcement agency for an offense described in subsection (a);
the Giglio designee shall notify the prosecuting attorney having
jurisdiction over the area served by the law enforcement officer of the
discipline.
(c) The Giglio designee shall disclose any potential exculpatory
evidence to the prosecuting attorney, as described in subsection (a).

Indiana § 33-39-12-4 (Duty of Giglio designee to disclose specified bad acts to prosecuting attorney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.