Indiana § 33-39-12-5 Duty of prosecuting attorney upon receipt of Giglio information

Indiana Statutes

§ 33-39-12-5 — Duty of prosecuting attorney upon receipt of Giglio information

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

(a)If a prosecuting attorney receives notice under section 4 of this chapter, the prosecuting attorney shall independently review the information and make a determination concerning placement of the law enforcement officer's name on a Giglio list.

(b)If the prosecuting attorney places a law enforcement officer's name on a Giglio list, the prosecuting attorney shall send written notice to the affected law enforcement officer's current employer or last known employer.

(c)The notice must include the following information:

(1)The law enforcement officer's right to request relevant materials from the prosecuting attorney.

(2)The law enforcement officer's right to provide supplemental information to the prosecuting attorney.

(3)The law enforcement officer's right to request reconsideration

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If a prosecuting attorney receives notice
under section 4 of this chapter, the prosecuting attorney shall
independently review the information and make a determination
concerning placement of the law enforcement officer's name on a
Giglio list.
(b) If the prosecuting attorney places a law enforcement officer's
name on a Giglio list, the prosecuting attorney shall send written notice
to the affected law enforcement officer's current employer or last
known employer.
(c) The notice must include the following information:
(1) The law enforcement officer's right to request relevant
materials from the prosecuting attorney.
(2) The law enforcement officer's right to provide supplemental
information to the prosecuting attorney.
(3) The law enforcement officer's right to request reconsideration.
(4) Information about the reconsideration process.
(d) Upon receipt of the notice described in subsection (b), an
employer shall send a copy of the written notice to the affected law
enforcement officer.

Indiana § 33-39-12-5 (Duty of prosecuting attorney upon receipt of Giglio information) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.