29-4905. Review of Brady-Giglio disclosure; petition to district court; procedure; applicability.

(1)(a) An officer aggrieved by a prosecuting agency's final decision to name the officer in a Brady-Giglio disclosure may file a petition in the district court seeking review of such decision.

(b) For an officer in a county with one hundred thousand or more inhabitants:

(i) Prior to filing the petition, the officer shall complete the informal advisory committee process under section 29-4903; and

(ii) The petition shall be filed within ten days after receiving written notice of the prosecuting agency's final decision under subdivision (4)(d) of section 29-4903.

(c) For an officer in a county with fewer than one hundred thousand inhabitants, the petition shall be filed within ten days after receiving written notice of the prosecuting agency's final decision under section 29-4904.

(2) Within ten days after filing the petition, the officer shall provide a complete record to the court, including, but not limited to, a bill of exceptions, transcripts, orders, findings, statements, investigations, any records pertaining to such officer that have been sealed pursuant to section 29-3523, and any other material that led to the prosecuting agency's decision to name the officer in a Brady-Giglio disclosure. Nothing in this section shall give the officer the right to obtain records from a prosecuting agency.

(3) Within ten days after the record being filed, notice of the action shall be provided to any prosecuting agency named in the petition. Any named prosecuting agency may review the record provided to the court and provide an answer to the petition within ten days after being served with the petition.

(4) The prosecuting agency shall provide the court with all materials that led to the decision to name the officer in a Brady-Giglio disclosure, including, if applicable, copies of all materials provided to the advisory committee under section 29-4903. The prosecuting agency may request the court to direct the officer to provide supplemental records. Upon receipt of the request, the court may direct the officer to supplement the record as requested. If a prosecuting agency requests a supplemental record, the agency shall have ten days from the filing of the supplemental record to file an answer to the petition. If an officer fails to supplement the record as ordered by the court, the court shall dismiss the petition.

(5) Any petition, answer, or record submitted as part of the review shall be sealed from public view and shall not be a public record.

(6) Within sixty days after the prosecuting agency files an answer, the court shall, without written or oral arguments, conduct an in camera review of the records filed in the case. If the court determines additional evidence or testimony is necessary, the court shall conduct further hearings as necessary, including questioning witnesses in camera or directing the parties to further supplement the record.

(7) The court may modify or disagree with a prosecuting agency's decision to the extent that the court finds, by clear and convincing evidence, that the information or actions of the officer that served as the rationale for the Brady-Giglio disclosure would not be exculpatory evidence in the prosecution of any criminal offense.

(8) If the court determines that the officer has failed to meet his or her burden of proof, the court shall dismiss the petition.

(9) This section applies even if an officer was named in a related or similar Brady-Giglio disclosure prior to October 1, 2026, unless such officer has already received notice and an opportunity to be heard before the district court within the last five years.

Source:Laws 2026, LB965, ยง 26.
Operative Date: October 1, 2026