Ind. Code § 33-39-12-1 "Affected law enforcement officer"
Sec. 1. As used in this chapter, "affected law enforcement officer" means a law enforcement officer whose name is included on a Giglio list.
As added by P.L.93-2025, SEC.1.
Ind. Code ch. 33-39-12
Ind. Code ch. 33-39-12
in effectInd. Code § 33-39-12-2 "Giglio designee"
Sec. 2. As used in this chapter, "Giglio designee" means the person in a law enforcement agency who is responsible for handling Giglio issues.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-3 "Giglio list"
Sec. 3. As used in this chapter, "Giglio list" means a list of names that a prosecuting attorney maintains in order to comply with applicable law and the Indiana Rules of Criminal Procedure.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-4 Duty of Giglio designee to disclose specified bad acts to prosecuting attorney
Sec. 4. (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).
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-5 Duty of prosecuting attorney upon receipt of Giglio information
Sec. 5. (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.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-6 Request for reconsideration; removal from list
Sec. 6. (a) An affected law enforcement officer may submit a request for reconsideration to the prosecuting attorney not later thirty (30) days after receipt of the notice described in section 5(d) of this chapter, or upon a change in circumstances.
(b) The prosecuting attorney shall do one (1) of the following:
(1) Approve the request for reconsideration and remove the law enforcement officer's name from the Giglio list.
(2) Deny the request for reconsideration and keep the law enforcement officer's name on the Giglio list.
(c) If an affected law enforcement officer does not comply with the requirements for reconsideration, the affected law enforcement officer's name shall remain on the Giglio list.
(d) A prosecuting attorney may, at any time, remove a law enforcement officer's name from a Giglio list if the prosecuting attorney receives material information that was not known or not available at the time of the initial determination.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-7 Duties of prosecuting attorney concerning a Giglio list
Sec. 7. A prosecuting attorney that uses and maintains a Giglio list shall do the following:
(1) Adopt policies:
(A) outlining the procedure for placement of a law enforcement officer's name on a Giglio list;
(B) concerning the reconsideration process; and
(C) about notice requirements.
(2) Use a Giglio list, if the subject officer is a material witness, to:
(A) make charging decisions; and
(B) disclose relevant impeachment information to defense counsel of record in criminal cases as required by law.
However, a prosecuting attorney may not disclose the information contained in the list outside of required discovery in a criminal case.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-8 Effect of placement on a Giglio list on the employment of a law enforcement officer
Sec. 8. (a) A law enforcement agency that employs an affected law enforcement officer may not:
(1) demote;
(2) suspend;
(3) terminate; or
(4) impose discipline upon;
a law enforcement officer because the law enforcement officer's name was placed on a Giglio list.
(b) A law enforcement officer may be subject to discipline, demotion, suspension, or termination if the facts underlying the reason for placement on a Giglio list are established in a disciplinary proceeding.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-9 Effect on current law
Sec. 9. Nothing in this chapter modifies current law concerning Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), or court rules relating to criminal prosecutions. However, the provisions of this chapter apply to the extent that they are not clearly inconsistent with Brady v. Maryland, Giglio v. United States, or court rules relating to criminal prosecutions.
As added by P.L.93-2025, SEC.1.
Ind. Code § 33-39-12-10 Immunity for placing an officer on a Giglio list
Sec. 10. A prosecuting attorney is immune from civil liability for placing a law enforcement officer's name on a Giglio list.
As added by P.L.93-2025, SEC.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026