53-25-1003. Peace officer and employing law enforcement agency requirements related to Brady material.

356 words·~2 min read·/ut/title-53/chapter-25/53-25-1003

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)If a peace officer has been placed onto a prosecution agency's Brady identification system after being provided the rights and procedures described in Subsection 53-25-1002(3) and the peace officer is subpoenaed by a different prosecution agency to testify in court, the peace officer shall disclose that placement to the prosecution agency that issued the subpoena as soon as practicable after receiving the subpoena.

(b)If a peace officer fails to disclose the peace officer's placement on a Brady identification system as described in Subsection (1)(a), the peace officer's employing law enforcement agency may take disciplinary action against the peace officer.

(a)A law enforcement agency may not use the placement of a peace officer onto a Brady identification system as described in Section 53-25-1003 as the sole reason for taking or denying any of the following employment actions against the peace officer:

(i)demotion;

(ii)suspension;

(iii)termination; or

(iv)any other disciplinary action.

(b)Notwithstanding Subsection (2)(a), a law enforcement agency may use the underlying facts of the Brady material that were the basis for the peace officer's placement onto a Brady identification system for taking a disciplinary action against the peace officer in accordance with the law enforcement agency's adopted policies and procedures and governing law.

(3)A chief, sheriff, or administrative officer of a law enforcement agency who knows of an allegation against a peace officer employed by the chief's, sheriff's, or administrative officer's law enforcement agency involving Brady material shall conduct an administrative or internal investigation into the allegation and, if after the law enforcement agency's adopted policies and procedures are followed and the allegation is substantiated, report the findings of the investigation to:

(a)if the law enforcement agency is a private law enforcement agency or a city, county, or other local law enforcement agency, the county attorney of the jurisdiction where the law enforcement agency is located; or

(b)if the law enforcement agency is a state law enforcement agency, to the attorney general.

Enacted by Chapter 196 , 2025 General Session