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Published on Friday, February 9, 2018

Bill clarifying use of evidence of law enforcement officer misconduct survives committee cutoff

SB 6188 clarifies the use of information of law enforcement officer misconduct by a law enforcement agency. The bill requires that:

  1. A law enforcement agency may not take disciplinary action or any other adverse personnel action against a law enforcement officer solely because:
    • The officer’s name has been placed on a list maintained by a prosecuting attorney’s office of recurring witnesses for whom there is known potential impeachment information; or
    • The officer’s name may otherwise be subject to a Brady disclosure.
  2. If a law enforcement agency takes any adverse personnel action against an officer based on the underlying acts or omission of the impeachment or Brady information, the agency’s actions must conform to collective bargaining rules and procedures.

SB 6188 will die if it is not voted out of the Senate on or before Valentine’s Day.

AWC is opposed to this bill. Please contact Logan Bahr with any questions.