[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3299 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3299

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  insure that law enforcement officers are afforded due process when 
involved in a case that may lead to dismissal, demotion, suspension, or 
                               transfer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

     Mr. Barr of Georgia (for himself, Mr. Bishop, Mr. Cramer, Mr. 
 Chambliss, Mrs. Myrick, Mr. Norwood, Mr. Jones of North Carolina, Mr. 
Duncan, and Mr. Wamp) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  insure that law enforcement officers are afforded due process when 
involved in a case that may lead to dismissal, demotion, suspension, or 
                               transfer.

    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 1999''.

SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.

    Part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended by inserting after section 509 the following new 
section:

``SEC. 509A. DUE PROCESS FOR LAW ENFORCEMENT OFFICERS.

    ``(a) State Requirement.--
            ``(1) In general.--Except as provided in subsection (d), 
        each State that receives funds under section 506 in a fiscal 
        year shall reserve, for distribution to law enforcement 
        agencies in accordance with paragraph (2), not less than 5 
        percent of such funds.
            ``(2) Incentive program.--The State shall provide incentive 
        grants, on an equitable basis from funds reserved under 
        paragraph (1), to each law enforcement agency in the State that 
        establishes, not later than 2 years after the date of the 
        enactment of the Law Enforcement Officers Due Process Act of 
        1999, an administrative process that complies with the 
        requirements of subsection (b).
    ``(b) Officer Rights.--The administrative process referred to in 
subsection (a) shall require, except as provided in subsection (c), 
that a law enforcement agency that investigates a law enforcement 
officer for matters which could reasonably lead to disciplinary action 
against such officer, including dismissal, demotion, suspension, or 
transfer provide recourse for the officer that, at a minimum, includes 
the following:
            ``(1) Access to administrative process.--The 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 such disciplinary action against the officer.
            ``(2) Specific procedures.--The procedures used under 
        paragraph (1) 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 witness testifying against 
                such officer; and
                    ``(D) to record all meetings in which such officer 
                attends.
    ``(c) Immediate Suspension.--Nothing in this section shall prevent 
the immediate suspension with pay of a law enforcement officer--
            ``(1) whose continued presence on the job is considered to 
        be a substantial and immediate threat to the welfare of the law 
        enforcement 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.
    ``(d) Existing Procedures.--The provisions of this section shall 
not apply to a law enforcement agency if the Attorney General 
determines that such agency has in effect an established civil service 
system, agency review board, grievance procedure or personnel board, 
which meets or exceeds the minimum standards of subsection (b).
    ``(e) Regulations.--The Attorney General may prescribe such 
regulations as may be necessary to carry out this section.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `law enforcement 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 an officer 
        with the powers of arrest as defined by the laws of each State 
        and required to be certified under the laws of such State.''.
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