[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4179 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4179

 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
1968 to encourage States to enact Police Officers' Bills of Rights, to 
 provide standards and protections for the conduct of internal police 
                investigations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 1994

  Mr. Stupak introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
1968 to encourage States to enact Police Officers' Bills of Rights, to 
 provide standards and protections for the conduct of internal police 
                investigations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Officers' Bill of Rights Act 
of 1994''.

SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.

    Part H of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end 
thereof the following new section:

                  ``rights of law enforcement officers

    ``Sec. 820. (a)  Political Activity.--Except when on duty or acting 
in an official capacity, no law enforcement officer shall be prohibited 
from engaging in political activity or be denied the right to refrain 
from engaging in such activity.
    ``(b) Rights of Law Enforcement Officers While Under 
Investigation.--When a law enforcement officer is under investigation 
or is subjected to questioning for any reason, other than in connection 
with an investigation or action described in subsection (h), under 
circumstances that could lead to disciplinary action, the following 
minimum standards shall apply:
            ``(1) Questioning of the law enforcement officer shall be 
        conducted at a reasonable hour, preferably when the law 
        enforcement officer is on duty, unless exigent circumstances 
        otherwise require.
            ``(2) Questioning of the law enforcement officer shall take 
        place at the offices of those conducting the investigation or 
        the place where such law enforcement officer reports for duty 
        unless the officer consents in writing to being questioned 
        elsewhere.
            ``(3) The law enforcement officer under investigation shall 
        be informed, at the commencement of any questioning, of the 
        name, rank, and command of the officer conducting the 
        questioning.
            ``(4) During any single period of questioning of the law 
        enforcement officer, all questions shall be asked by or through 
        a single investigator.
            ``(5) The law enforcement officer under investigation shall 
        be informed in writing of the nature of the investigation prior 
        to any questioning.
            ``(6) Any questioning of a law enforcement officer in 
        connection with an investigation shall be for a reasonable 
        period of time and shall allow for reasonable periods for the 
        rest and personal necessities of the law enforcement officer.
            ``(7) No threat against, harassment of, or promise or 
        reward (except an officer of immunity from prosecution) to any 
        law enforcement officer shall be made in connection with an 
        investigation to induce the answering of any question.
            ``(8) All questioning of any law enforcement officer in 
        connection with the investigation shall be recorded in full in 
        writing or by electronic device, and a copy of the transcript 
        shall be made available to the officer under investigation.
            ``(9) The law enforcement officer under investigation shall 
        be entitled to the presence of counsel (or any other one person 
        of the officer's choice) at any questioning of the officer, 
        unless the officer consents in writing to being questioned 
        outside the presence of counsel.
            ``(10) At the conclusion of the investigation, the person 
        in charge of the investigation shall inform the law enforcement 
        officer under investigation, in writing, of the investigative 
        findings and any recommendation for disciplinary action that 
        the person intends to make.
            ``(11) A law enforcement officer who brought before a 
        disciplinary hearing shall be provided access to all 
        transcripts, records, written statements, written reports and 
        analyses and video tapes pertinent to the case that--
                    ``(A) contain exculpatory information;
                    ``(B) are intended to support any disciplinary 
                action; or
                    ``(C) are to be introduced in the disciplinary 
                hearing.
    ``(c) Opportunity for a Hearing.--(1) Except in a case of summary 
punishment or emergency suspension described in subsection (d), if an 
investigation of a law enforcement officer results in a recommendation 
of disciplinary action, the law enforcement agency shall notify the law 
enforcement officer that the officer is entitled to a hearing on the 
issues by a hearing officer or board.
    ``(2)(A) Subject to subparagraph (B), a State shall determine the 
composition of a disciplinary hearing board and the procedures for a 
disciplinary hearing.
    ``(B) A disciplinary hearing board that includes employees of the 
law enforcement agency of which the officer who is the subject of the 
hearing is a member shall include at least one law enforcement officer 
of equal or lesser rank to the officer who is the subject of the 
hearing.
    ``(3) A penalty greater than that which was recommended by the 
trial board cannot be imposed upon the officer.
    ``(d) Summary Punishment and Emergency Suspension.--(1) This 
section does not preclude a State from providing for summary punishment 
or emergency suspension for misconduct by a law enforcement officer.
    ``(2) An emergency suspension shall not affect or infringe on the 
health benefits of a law enforcement officer.
    ``(e) Notice of Disciplinary Action.--When disciplinary action is 
to be taken against a law enforcement officer, the officer shall be 
notified of the action and the reasons therefor a reasonable time 
before the action takes effect.
    ``(f) Retaliation for Exercising Rights.--There shall be no penalty 
or threat of penalty against a law enforcement officer for the exercise 
of the officer's rights under this section.
    ``(g) Other Remedies Not Impaired.--(1) Nothing in this section 
shall be construed to impair any other legal remedy that a law 
enforcement officer has with respect to any rights under this section.
    ``(2) A law enforcement officer may waive any of the rights 
guaranteed by this section.
    ``(h) Application of Section.--This section does not apply in the 
case of--
            ``(1) an investigation of criminal conduct by a law 
        enforcement officer; or
            ``(2) a nondisciplinary action taken in good faith on the 
        basis of a law enforcement officer's employment-related 
        performance.
    ``(i) Definitions.--For the purposes of this section--
            ``(1) the term `disciplinary action' means the suspension, 
        demotion, reduction in pay or other employment benefit, 
        dismissal, transfer, or similar action taken against a law 
        enforcement officer as punishment for misconduct;
            ``(2) the term `emergency suspension' means temporary 
        action imposed by the head of the law enforcement agency when 
        that official determines that the action is in the best 
        interests of the public;
            ``(3) the term `summary punishment' means punishment 
        imposed for a minor violation of a law enforcement agency's 
        rules and regulations that does not result in disciplinary 
        action;
            ``(4) the term `law enforcement agency' means a public 
        agency charged by law with the duty to investigate crimes or 
        apprehend or hold in custody persons charged with or convicted 
        of crimes; and
            ``(5) the term `law enforcement officer' means a full-time 
        police officer, sheriff, or correctional officer of a law 
        enforcement agency.
    ``(j) Prohibition of Adverse Material in Officer's File.--A law 
enforcement agency shall not insert any adverse material into the file 
of any law enforcement officer unless the officer has had an 
opportunity to review and comment in writing on the adverse material.
    ``(k) Disclosure of Personal Assets.--A law enforcement officer 
shall not be required or requested to disclose any item of the 
officer's personal property, income, assets, sources of income, debts, 
personal or domestic expenditures (including those of any member of the 
officer's household), unless
            ``(1) the information is necessary in investigating a 
        violation of any Federal, State, or local law, rule, or 
        regulation with respect to the performance of official duties; 
        or
            ``(2) such disclosure is required by Federal, State, or 
        local law.
    ``(l) Enforcement of Protections for Law Enforcement Officers.--(1) 
A State shall have not more than 2 legislative sessions to enact a Law 
Enforcement Officers' Bill of Rights that provides rights for law 
enforcement officers that are substantially similar to the rights 
afforded under this section.
    ``(2) After the expiration of the time limit described in paragraph 
(1), a law enforcement officer shall have a cause of action in State 
court for the recovery of pecuniary and other damages and full 
reinstatement against a law enforcement agency that materially violates 
the rights afforded by this section.
    ``(3) The sovereign immunity of a State shall not apply in the case 
of a violation of the rights afforded by this section.
    ``(m) States' Rights.--This section does not preempt State law or 
collective bargaining agreements or discussions during the collective 
bargaining process that provide rights for law enforcement officers 
that are substantially similar to the rights afforded by this 
section.''.

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