wa-law.org > bill > 2025-26 > HB 2643 > Original Bill
A disciplinary action or any other adverse personnel action may not be undertaken by a law enforcement agency against a peace officer solely because that 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 that the officer's name may otherwise be subject to disclosure pursuant to , 373 U.S. 83 (1963). This section does not prohibit a law enforcement agency from taking disciplinary action or any other adverse personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on a prosecutor-maintained list, or may otherwise be subject to disclosure pursuant to , 373 U.S. 83 (1963), if the actions taken by the law enforcement agency otherwise conform to the rules and procedures adopted by the law enforcement agency as determined through collective bargaining.
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A peace officer shall have a due process right to petition the superior court, appeal, or intervene in any action regarding a prosecuting agency's decision to place the officer on a Brady and Giglio list. The superior court shall have jurisdiction to review the prosecuting agency's decision. The court shall perform an in-camera review of the evidence and may hold a closed hearing upon the request of the officer or prosecuting agency, or at the court's discretion. The superior court may affirm, modify, or reverse the decision of the prosecuting agency, and issue appropriate orders or provide relief, including the removal of the officer from a Brady and Giglio list, as justice may require. All evidence presented to the superior court shall be treated under seal and kept confidential unless otherwise specified by law and ordered by the court.
The standard of proof for any allegation, administrative charge, complaint, cause of action, claim, or defense under this subsection (2) shall be a preponderance of the evidence unless a higher standard of proof is required by law.
Nothing in this section shall be construed to affect a prosecuting attorney's responsibility to report and share potential impeachment, exculpatory, or credibility information and evidence to defense counsel under the law established by Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) and their progeny.