[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4681 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4681

 To require a 33 percent reduction in funds provided to a State under 
   title I of the Omnibus Crime Control and Safe Streets Act of 1968 
  unless law enforcement officers are afforded due process in a case 
 which could lead to dismissal, demotion, suspension, or transfer of a 
                        law enforcement officer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 1998

    Mr. Barr of Georgia (for himself and Mr. Bishop) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require a 33 percent reduction in funds provided to a State under 
   title I of the Omnibus Crime Control and Safe Streets Act of 1968 
  unless law enforcement officers are afforded due process in a case 
 which could lead to dismissal, demotion, suspension, or transfer of a 
                        law enforcement officer.

    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 ``Law Enforcement Officers Due Process 
Act of 1998''.

SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.

    A grant made under title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 that would otherwise be made available to a State 
shall be reduced by 33 percent unless a law enforcement officer who is 
under investigation by an employing agency involving matters which 
could reasonably lead to dismissal, demotion, suspension, or transfer 
for punitive reasons, (of a law enforcement officer) is provided 
administrative recourse as follows:
            (1) The employing agency has written procedures to ensure 
        that any law enforcement officer is afforded access to any 
        existing administrative process established by the employing 
        agency prior to the imposition of any disciplinary action 
        against the officer.
            (2) The procedures used under paragraph (1) shall include, 
        the right of a law enforcement officer under investigation--
                    (A) to a hearing before a fair and impartial board 
                or hearing officer;
                    (B) to be represented by an attorney or other 
                officer at the expense of such officer;
                    (C) to confront any witnesses testifying against 
                such officer; and
                    (D) to record all meetings in which such officer 
                attends.

SEC. 3. EXISTING PROCEDURES.

    An employing agency that has in effect an established civil service 
system, agency review board, civilian complaint board or personnel 
board, which meets or exceeds the minimum standards of section 2, or 
other means of providing due process, is exempt from the requirements 
of this Act.

SEC. 4. IMMEDIATE SUSPENSION.

    (a) In General.--Nothing in this Act shall prevent the immediate 
suspension with pay of any law enforcement officer--
            (1) whose continued presence on the job is considered to be 
        a substantial and immediate threat to the welfare of the 
        employing agency or the public;
            (2) who refuses to obey a direct order issued in 
        conformance with the agency's written and disseminated rules 
        and regulations; or
            (3) who is accused of committing an illegal act.
    (b) Complaint Review Board Hearing.--In a case that requires the 
immediate suspension of an officer, the officer shall be afforded the 
rights provided for under this Act, except that an officer's request to 
be heard by a complaint review board shall be made after the imposition 
of such a suspension.

SEC. 5. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``employing agency'' means any State or unit 
        of local government within the State that employs law 
        enforcement officers; and
            (2) the term ``law enforcement officer'' means all officers 
        with the powers of arrest as defined by the laws of each State 
        and required to be certified under the laws of such State.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect beginning on October 1 of the first 
fiscal year beginning after the last day of the 2-year period beginning 
on the date of the enactment of this Act.
                                 <all>