[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1818 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1818

  To provide grants to law enforcement agencies that ensure that law 
 enforcement officers employed by such agency are afforded due process 
     when involved in a case that may lead to dismissal, demotion, 
                        suspension, or transfer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2003

 Mr. Graham of South Carolina introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide grants to law enforcement agencies that ensure that law 
 enforcement officers employed by such agency 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 2003''.

SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.

    (a) Program Authorized.--The Attorney General is authorized to 
provide grants to law enforcement agencies that are eligible under 
subsection (b).
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a law enforcement agency shall--
            (1) have in effect an administrative process that complies 
        with the requirements of subsection (c); or
            (2) certify that it will establish, not later than 2 years 
        after the date of enactment of this Act, an administrative 
        process that complies with the requirements of subsection (c).
    (c) Officer Rights.--The administrative process referred to in 
subsection (b) shall require 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.
    (d) 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.
    (e) Distribution of Funds.--From the amount made available to carry 
out this section, the Attorney General shall allocate--
            (1) 50 percent for law enforcement agencies that are 
        eligible under paragraph (1) of subsection (b); and
            (2) 50 percent for law enforcement agencies that are 
        eligible under paragraph (2) of subsection (b).
    (f) Regulations.--The Attorney General may prescribe such 
regulations as may be necessary to carry out this section.
    (g) 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.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2004 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.
                                 <all>