15-18-33. Placement of peace officers on a Giglio list by a prosecuting attorney; notice; requests for reconsideration; removal; use of a Giglio list in charging decisions; required disclosure; civil liability.

As used in this Code section, the term:#

1. (1)

   “Affected peace officer” shall have the same meaning as set forth in Code Section 35-8-2.#

2. (2)

   “Giglio list” shall have the same meaning as set forth in Code Section 35-8-2.#

Upon the placement of the name of a peace officer on a Giglio list by a prosecuting attorney, such prosecuting attorney shall send written notice of the intent to place the name of a peace officer on such list by registered or certified mail or statutory overnight delivery to the last known address of the employer of the affected peace officer and the Georgia Peace Officer Standards and Training Council. Such notice shall include:#

1. (1)

   The factual basis for the prosecuting attorney’s decision to place the name of the peace officer on a Giglio list:#

2. (2)

   A statement informing the affected peace officer and his or her employing agency of the right to request relevant materials from the prosecuting attorney;#

3. (3)

   A statement informing the affected peace officer and his or her employing agency of the right to provide supplemental information to the prosecuting attorney; and#

4. (4)

   A statement informing the affected peace officer and his or her employing agency of the right to request reconsideration by the prosecuting attorney of the placement of such peace officer on a Giglio list.#

An affected peace officer or his or her employing agency shall be authorized to submit a request for reconsideration on the decision to place the name of a peace officer on a Giglio list no later than 30 days after receipt of notice by such peace officer’s employing agency pursuant to subsection (b) of this Code section. Upon receipt of a request for reconsideration pursuant to this subsection, the prosecuting attorney shall promptly review such request and either remove the name of the affected peace officer from the Giglio list or deny the request for reconsideration and keep the name of the affected peace officer on the Giglio list. Any such denial shall be in writing and include the specific reasons for such decision. If no request for reconsideration pursuant to this subsection is submitted by an affected peace officer or his or her employing agency, the name of the affected peace officer shall remain on the Giglio list unless and until the prosecuting attorney removes such name from the Giglio list due to receipt of material information that was unknown or unavailable at the time of the initial decision or when any investigation warrants removal in the opinion of the prosecuting attorney.#

When a prosecuting attorney makes a determination to remove an affected peace officer’s name from a Giglio list, such prosecuting attorney shall provide notice of such removal to the employing agency of the affected peace officer and the Georgia Peace Officer Standards and Training Council within 14 days of the removal in the same manner as provided by subsection (b) of this Code section.#

The Prosecuting Attorneys’ Council of the State of Georgia shall develop policies and procedures for the purposes of this Code section, which shall include placement and removal of the name of an affected peace officer on a Giglio list, the reconsideration process, and notice requirements. Any prosecuting attorney’s office that maintains a Giglio list shall adopt the policies and procedures established pursuant to this subsection.#

A prosecuting attorney shall be authorized to use an affected peace officer’s inclusion on a Giglio list when making charging decisions related to a case and shall disclose to defense counsel or a defendant in any criminal case as required by law the fact of and basis for inclusion of an affected officer on such list including any notice or relevant materials as provided in subsection (b) of this Code section.#

A prosecuting attorney shall be immune from civil liability that might otherwise incur or be imposed for placement of the name of a peace officer on a Giglio list unless the affected peace officer demonstrates that his or her inclusion on such a list was done with actual malice or with actual intent to cause injury to the affected peace officer.#

Nothing in this Code section shall be construed to modify federal law or binding court precedent relating to disclosure duties of a prosecuting attorney in criminal prosecutions.#