1.
This Act may be cited as the
State and Local Law Enforcement
Discipline, Accountability, and Due Process Act of 2005
.
2.
Findings and declaration of purpose and policy
(a)
Congress finds that—
(1)
the rights of law enforcement
officers to engage in political activity or to refrain from engaging in
political activity, except when on duty, or to run as candidates for public
office, unless such service is found to be in conflict with their service as
officers, are activities protected by the first amendment of the United States
Constitution, as applied to the States through the 14th amendment of the United
States Constitution, but these rights are often violated by the management of
State and local law enforcement agencies;
(2)
a significant lack of due
process rights of law enforcement officers during internal investigations and
disciplinary proceedings has resulted in a loss of confidence in these
processes by many law enforcement officers, including those unfairly targeted
for their labor organization activities or for their aggressive enforcement of
the laws, demoralizing many rank and file officers in communities and
States;
(3)
unfair treatment of officers
has potentially serious long-term consequences for law enforcement by
potentially deterring or otherwise preventing officers from carrying out their
duties and responsibilities effectively and fairly;
(4)
the lack of labor-management
cooperation in disciplinary matters and either the perception or the actuality
that officers are not treated fairly detrimentally impacts the recruitment of
and retention of effective officers, as potential officers and experienced
officers seek other careers, which has serious implications and repercussions
for officer morale, public safety, and labor-management relations and strife
and can affect interstate and intrastate commerce, interfering with the normal
flow of commerce;
(5)
there are serious
implications for the public safety of the citizens and residents of the United
States which threatens the domestic tranquility of the United States because of
a lack of statutory protections to ensure—
(A)
the due process and political
rights of law enforcement officers;
(B)
fair and thorough internal
investigations and interrogations of and disciplinary proceedings against law
enforcement officers; and
(C)
effective procedures for
receipt, review, and investigation of complaints against officers, fair to both
officers and complainants; and
(6)
resolving these disputes and
problems and preventing the disruption of vital police services is essential to
the well-being of the United States and the domestic tranquility of the
Nation.
(b)
Congress declares that it is
the purpose of this Act and the policy of the United States to—
(1)
protect the due process and
political rights of State and local law enforcement officers and ensure
equality and fairness of treatment among such officers;
(2)
provide continued police
protection to the general public;
(3)
provide for the general
welfare and ensure domestic tranquility; and
(4)
prevent any impediments to
the free flow of commerce, under the rights guaranteed under the United States
Constitution and Congress’ authority thereunder.
3.
Discipline, accountability, and due process of
officers
(a)
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 the
following:
820.
Discipline, accountability, and due process of State and
local law enforcement officers
(a)
In this section:
(1)
The term disciplinary
action means any adverse personnel action, including suspension,
reduction in pay, rank, or other employment benefit, dismissal, transfer,
reassignment, unreasonable denial of secondary employment, or similar punitive
action taken against a law enforcement officer.
(2)
The term disciplinary
hearing means an administrative hearing initiated by a law enforcement
agency against a law enforcement officer, based on an alleged violation of law,
that, if proven, would subject the law enforcement officer to disciplinary
action.
(3)
The term emergency
suspension means the temporary action by a law enforcement agency of
relieving a law enforcement officer from the active performance of law
enforcement duties without a reduction in pay or benefits when the law
enforcement agency, or an official within that agency, determines that there is
probable cause, based upon the conduct of the law enforcement officer, to
believe that the law enforcement officer poses an immediate threat to the
safety of that officer or others or the property of others.
(4)
The term
investigation—
(A)
means an action taken to
determine whether a law enforcement officer violated a law by a public agency
or a person employed by a public agency, acting alone or in cooperation with or
at the direction of another agency, or a division or unit within another
agency, regardless of a denial by such an agency that any such action is not an
investigation; and
(B)
includes—
(i)
asking questions of any
other law enforcement officer or non-law enforcement officer;
(ii)
conducting
observations;
(iii)
reviewing and evaluating
reports, records, or other documents; and
(iv)
examining physical
evidence.
(5)
The terms law
enforcement officer and officer have the meaning given the
term law enforcement officer in section 1204, except the term does
not include a law enforcement officer employed by the United States, or any
department, agency, or instrumentality thereof.
(6)
The term personnel
record means any document, whether in written or electronic form and
irrespective of location, that has been or may be used in determining the
qualifications of a law enforcement officer for employment, promotion,
transfer, additional compensation, termination or any other disciplinary
action.
(7)
Public agency and law enforcement agency
The terms public
agency and law enforcement agency each have the meaning
given the term public agency in section 1204, except the terms do
not include the United States, or any department, agency, or instrumentality
thereof.
(8)
The term summary
punishment means punishment imposed—
(A)
for a violation of law that
does not result in any disciplinary action; or
(B)
for a violation of law that
has been negotiated and agreed upon by the law enforcement agency and the law
enforcement officer, based upon a written waiver by the officer of the rights
of that officer under subsection (i) and any other applicable law or
constitutional provision, after consultation with the counsel or representative
of that officer.
(b)
(1)
This section sets forth the
due process rights, including procedures, that shall be afforded a law
enforcement officer who is the subject of an investigation or disciplinary
hearing.
(2)
This section does not apply
in the case of—
(A)
an investigation of
specifically alleged conduct by a law enforcement officer that, if proven,
would constitute a violation of a statute providing for criminal penalties;
or
(B)
a nondisciplinary action
taken in good faith on the basis of the employment related performance of a law
enforcement officer.
(c)
(1)
Right to engage or not to engage in political
activity
Except when on duty or
acting in an official capacity, a law enforcement officer shall not be
prohibited from engaging in political activity or be denied the right to
refrain from engaging in political activity.
(2)
Right to run for elective office
A law enforcement officer
shall not be—
(A)
prohibited from being a
candidate for an elective office or from serving in such an elective office,
solely because of the status of the officer as a law enforcement officer;
or
(B)
required to resign or take
an unpaid leave from employment with a law enforcement agency to be a candidate
for an elective office or to serve in an elective office, unless such service
is determined to be in conflict with or incompatible with service as a law
enforcement officer.
(3)
An action by a public
agency against a law enforcement officer, including requiring the officer to
take unpaid leave from employment, in violation of this subsection shall be
considered an adverse personnel action within the meaning of subsection
(a)(1).
(d)
Effective procedures for receipt, review, and investigation
of complaints against law enforcement officers
(1)
Not later than 1 year after
the effective date of this section, each law enforcement agency shall adopt and
comply with a written complaint procedure that—
(A)
authorizes persons from
outside the law enforcement agency to submit written complaints about a law
enforcement officer to—
(i)
the law enforcement agency
employing the law enforcement officer; or
(ii)
any other law enforcement
agency charged with investigating such complaints;
(B)
sets forth the procedures
for the investigation and disposition of such complaints;
(C)
provides for public access
to required forms and other information concerning the submission and
disposition of written complaints; and
(D)
requires notification to
the complainant in writing of the final disposition of the complaint and the
reasons for such disposition.
(2)
Initiation of an investigation
(A)
Except as provided in
subparagraph (B), an investigation based on a complaint from outside the law
enforcement agency shall commence not later than 15 days after the receipt of
the complaint by—
(i)
the law enforcement agency
employing the law enforcement officer against whom the complaint has been made;
or
(ii)
any other law enforcement
agency charged with investigating such a complaint.
(B)
Subparagraph (A) does not
apply if—
(i)
the law enforcement agency
determines from the face of the complaint that each allegation does not
constitute a violation of law; or
(ii)
the complainant fails to
comply substantially with the complaint procedure of the law enforcement agency
established under this section.
(3)
Complainant or victim conflict of interest
The complainant or victim
of the alleged violation of law giving rise to an investigation under this
subsection may not conduct or supervise the investigation or serve as an
investigator.
(e)
(1)
Any law enforcement officer
who is the subject of an investigation shall be notified of the investigation
24 hours before the commencement of questioning of such officer or to otherwise
being required to provide information to an investigating agency.
(2)
Notice given under
paragraph (1) shall include—
(A)
the nature and scope of the
investigation;
(B)
a description of any
allegation contained in a written complaint;
(C)
a description of each
violation of law alleged in the complaint for which suspicion exists that the
officer may have engaged in conduct that may subject the officer to
disciplinary action; and
(D)
the name, rank, and command
of the officer or any other individual who will be conducting the
investigation.
(f)
Rights of law enforcement officers prior to and during
questioning incidental to an investigation
If a law enforcement
officer is subjected to questioning incidental to an investigation that may
result in disciplinary action against the officer, the following minimum
safeguards shall apply:
(1)
Counsel and representation
(A)
Any law enforcement officer
under investigation shall be entitled to effective counsel by an attorney or
representation by any other person who the officer chooses, such as an employee
representative, or both, immediately before and during the entire period of any
questioning session, unless the officer consents in writing to being questioned
outside the presence of counsel or representative.
(B)
During the course of any
questioning session, the officer shall be afforded the opportunity to consult
privately with counsel or a representative, if such consultation does not
repeatedly and unnecessarily disrupt the questioning period.
(C)
Unavailability of counsel
If the counsel or
representative of the law enforcement officer is not available within 24 hours
of the time set for the commencement of any questioning of that officer, the
investigating law enforcement agency shall grant a reasonable extension of time
for the law enforcement officer to obtain counsel or representation.
(2)
Reasonable hours and time
Any questioning of a law
enforcement officer under investigation shall be conducted at a reasonable time
when the officer is on duty, unless exigent circumstances compel more immediate
questioning, or the officer agrees in writing to being questioned at a
different time, subject to the requirements of subsections (e) and paragraph
(1).
(3)
Unless the officer consents
in writing to being questioned elsewhere, any questioning of a law enforcement
officer under investigation shall take place—
(A)
at the office of the
individual conducting the investigation on behalf of the law enforcement agency
employing the officer under investigation; or
(B)
the place at which the
officer under investigation reports for duty.
(4)
Identification of questioner
Before the commencement of
any questioning, a law enforcement officer under investigation shall be
informed of—
(A)
the name, rank, and command
of the officer or other individual who will conduct the questioning; and
(B)
the relationship between
the individual conducting the questioning and the law enforcement agency
employing the officer under investigation.
(5)
During any single period of
questioning of a law enforcement officer under investigation, each question
shall be asked by or through 1 individual.
(6)
Any questioning of a law
enforcement officer under investigation shall be for a reasonable period of
time and shall allow reasonable periods for the rest and personal necessities
of the officer and the counsel or representative of the officer, if such person
is present.
(7)
No threats, false statements, or promises to be made
(A)
Except as provided in
subparagraph (B), no threat against, false or misleading statement to,
harassment of, or promise of reward to a law enforcement officer under
investigation shall be made to induce the officer to answer any question, give
any statement, or otherwise provide information.
(B)
The law enforcement agency
employing a law enforcement officer under investigation may require the officer
to make a statement relating to the investigation by explicitly threatening
disciplinary action, including termination, only if—
(i)
the officer has received a
written grant of use and derivative use immunity or transactional immunity by a
person authorized to grant such immunity; and
(ii)
the statement given by the
law enforcement officer under such an immunity may not be used in any
subsequent criminal proceeding against that officer.
(8)
(A)
All questioning of a law
enforcement officer under an investigation shall be recorded in full, in
writing or by electronic device, and a copy of the transcript shall be provided
to the officer under investigation before any subsequent period of questioning
or the filing of any charge against that officer.
(B)
To ensure the accuracy of
the recording, an officer may utilize a separate electronic recording device,
and a copy of any such recording (or the transcript) shall be provided to the
public agency conducting the questioning, if that agency so requests.
(9)
Use of honesty testing devices prohibited
No law enforcement officer
under investigation may be compelled to submit to the use of a lie detector, as
defined in section 2 of the Employee Polygraph Protection Act of 1988
(29 U.S.C.
2001).
(g)
Notice of investigative findings and disciplinary
recommendation and opportunity to submit a written response
(1)
Not later than 30 days
after the conclusion of an investigation under this section, the person in
charge of the investigation or the designee of that person shall notify the law
enforcement officer who was the subject of the investigation, in writing, of
the investigative findings and any recommendations for disciplinary
action.
(2)
Opportunity to submit written response
(A)
Not later than 30 days
after receipt of a notification under paragraph (1), and before the filing of
any charge seeking the discipline of such officer or the commencement of any
disciplinary proceeding under subsection (h), the law enforcement officer who
was the subject of the investigation may submit a written response to the
findings and recommendations included in the notification.
(B)
The response submitted
under subparagraph (A) may include references to additional documents, physical
objects, witnesses, or any other information that the law enforcement officer
believes may provide exculpatory evidence.
(h)
(1)
Notice of opportunity for hearing
Except in a case of summary
punishment or emergency suspension (subject to subsection (k)), before the
imposition of any disciplinary action the law enforcement agency shall notify
the officer that the officer is entitled to a due process hearing by an
independent and impartial hearing officer or board.
(2)
Requirement of determination of violation
No disciplinary action may
be taken against a law enforcement officer unless an independent and impartial
hearing officer or board determines, after a hearing and in accordance with the
requirements of this subsection, that the law enforcement officer committed a
violation of law.
(3)
No disciplinary charge may
be brought against a law enforcement officer unless—
(A)
the charge is filed not
later than the earlier of—
(i)
1 year after the date on
which the law enforcement agency filing the charge had knowledge or reasonably
should have had knowledge of an alleged violation of law; or
(ii)
90 days after the
commencement of an investigation; or
(B)
the requirements of this
paragraph are waived in writing by the officer or the counsel or representative
of the officer.
(4)
Unless waived in writing by
the officer or the counsel or representative of the officer, not later than 30
days after the filing of a disciplinary charge against a law enforcement
officer, the law enforcement agency filing the charge shall provide written
notification to the law enforcement officer who is the subject of the charge,
of—
(A)
the date, time, and
location of any disciplinary hearing, which shall be scheduled in cooperation
with the law enforcement officer, or the counsel or representative of the
officer, and which shall take place not earlier than 30 days and not later than
60 days after notification of the hearing is given to the law enforcement
officer under investigation;
(B)
the name and mailing
address of the independent and impartial hearing officer, or the names and
mailing addresses of the independent and impartial hearing board members;
and
(C)
the name, rank, command,
and address of the law enforcement officer prosecuting the matter for the law
enforcement agency, or the name, position, and mailing address of the person
prosecuting the matter for a public agency, if the prosecutor is not a law
enforcement officer.
(5)
Access to documentary evidence and investigative
file
Unless waived in writing by
the law enforcement officer or the counsel or representative of that officer,
not later than 15 days before a disciplinary hearing described in paragraph
(4)(A), the law enforcement officer shall be provided with—
(A)
a copy of the complete file
of the pre-disciplinary investigation; and
(B)
access to and, if so
requested, copies of all documents, including transcripts, records, written
statements, written reports, analyses, and electronically recorded information
that—
(i)
contain exculpatory
information;
(ii)
are intended to support any
disciplinary action; or
(iii)
are to be introduced in the
disciplinary hearing.
(6)
Examination of physical evidence
Unless waived in writing by
the law enforcement officer or the counsel or representative of that
officer—
(A)
not later than 15 days
before a disciplinary hearing, the prosecuting agency shall notify the law
enforcement officer or the counsel or representative of that officer of all
physical, non-documentary evidence; and
(B)
not later than 10 days
before a disciplinary hearing, the prosecuting agency shall provide a
reasonable date, time, place, and manner for the law enforcement officer or the
counsel or representative of the law enforcement officer to examine the
evidence described in subparagraph (A).
(7)
Identification of witnesses
Unless waived in writing by
the law enforcement officer or the counsel or representative of the officer,
not later than 15 days before a disciplinary hearing, the prosecuting agency
shall notify the law enforcement officer or the counsel or representative of
the officer, of the name and address of each witness for the law enforcement
agency employing the law enforcement officer.
(8)
During a disciplinary
hearing, the law enforcement officer who is the subject of the hearing shall be
entitled to due process, including—
(A)
the right to be represented
by counsel or a representative;
(B)
the right to confront and
examine all witnesses against the officer; and
(C)
the right to call and
examine witnesses on behalf of the officer.
(9)
Hearing board and procedure
(A)
A State or local government
agency, other than the law enforcement agency employing the officer who is
subject of the disciplinary hearing, shall—
(i)
determine the composition
of an independent and impartial disciplinary hearing board;
(ii)
appoint an independent and
impartial hearing officer; and
(iii)
establish such procedures
as may be necessary to comply with this section.
(B)
Peer representation on disciplinary hearing board
A disciplinary hearing
board that includes employees of the law enforcement agency employing the law
enforcement officer who is the subject of the hearing, shall include not less
than 1 law enforcement officer of equal or lesser rank to the officer who is
the subject of the hearing.
(10)
(A)
The disciplinary hearing
board or independent hearing officer—
(i)
shall have the authority to
issue summonses or subpoenas, on behalf of—
(I)
the law enforcement agency
employing the officer who is the subject of the hearing; or
(II)
the law enforcement officer
who is the subject of the hearing; and
(ii)
upon written request of
either the law enforcement agency or the officer, shall issue a summons or
subpoena, as appropriate, to compel the appearance and testimony of a witness
or the production of documentary evidence.
(B)
Effect of failure to comply with summons or subpoena
With respect to any failure
to comply with a summons or a subpoena issued under subparagraph (A)—
(i)
the disciplinary hearing
officer or board shall petition a court of competent jurisdiction to issue an
order compelling compliance; and
(ii)
subsequent failure to
comply with such a court order issued pursuant to a petition under clause (i)
shall—
(I)
be subject to contempt of a
court proceedings according to the laws of the jurisdiction within which the
disciplinary hearing is being conducted; and
(II)
result in the recess of the
disciplinary hearing until the witness becomes available to testify and does
testify or is held in contempt.
(11)
A disciplinary hearing
shall be closed to the public unless the law enforcement officer who is the
subject of the hearing requests, in writing, that the hearing be open to
specified individuals or to the general public.
(12)
All aspects of a
disciplinary hearing, including pre-hearing motions, shall be recorded by audio
tape, video tape, or transcription.
(13)
Sequestration of witnesses
Either side in a
disciplinary hearing may move for and be entitled to sequestration of
witnesses.
(14)
The hearing officer or
board shall administer an oath or affirmation to each witness, who shall
testify subject to the laws of perjury of the State in which the disciplinary
hearing is being conducted.
(15)
Final decision on each charge
(A)
At the conclusion of the
presentation of all the evidence and after oral or written argument, the
hearing officer or board shall deliberate and render a written final decision
on each charge.
(B)
Final decision isolated to charge brought
The hearing officer or
board may not find that the law enforcement officer who is the subject of the
hearing is liable for disciplinary action for any violation of law as to which
the officer was not charged.
(16)
Burden of persuasion and standard of proof
The burden of persuasion or
standard of proof of the prosecuting agency shall be—
(A)
by clear and convincing
evidence as to each charge alleging false statement or representation, fraud,
dishonesty, deceit, moral turpitude, or criminal behavior on the part of the
law enforcement officer who is the subject of the charge; and
(B)
by a preponderance of the
evidence as to all other charges.
(17)
Factors of just cause to be considered by the hearing officer
or board
A law enforcement officer
who is the subject of a disciplinary hearing shall not be found guilty of any
charge or subjected to any disciplinary action unless the disciplinary hearing
board or independent hearing officer finds that—
(A)
the officer who is the
subject of the charge could reasonably be expected to have had knowledge of the
probable consequences of the alleged conduct set forth in the charge against
the officer;
(B)
the rule, regulation,
order, or procedure that the officer who is the subject of the charge allegedly
violated is reasonable;
(C)
the charging party, before
filing the charge, made a reasonable, fair, and objective effort to discover
whether the officer did in fact violate the rule, regulation, order, or
procedure as charged;
(D)
the charging party did not
conduct the investigation arbitrarily or unfairly, or in a discriminatory
manner, against the officer who is the subject of the charge, and the charge
was brought in good faith; and
(E)
the proposed disciplinary
action reasonably relates to the seriousness of the alleged violation and to
the record of service of the officer who is the subject of the charge.
(18)
No commission of a violation
If the officer who is the
subject of the disciplinary hearing is found not to have committed the alleged
violation—
(A)
the matter is
concluded;
(B)
no disciplinary action may
be taken against the officer;
(C)
the personnel record of
that officer shall not contain any reference to the charge for which the
officer was found not guilty; and
(D)
any pay and benefits lost
or deferred during the pendency of the disposition of the charge shall be
restored to the officer as though no charge had ever been filed against the
officer, including salary or regular pay, vacation, holidays, longevity pay,
education incentive pay, shift differential, uniform allowance, lost overtime,
or other premium pay opportunities, and lost promotional opportunities.
(19)
Commission of a violation
(A)
If the officer who is the
subject of the charge is found to have committed the alleged violation, the
hearing officer or board shall make a written recommendation of a penalty to
the law enforcement agency employing the officer or any other governmental
entity that has final disciplinary authority, as provided by applicable State
or local law.
(B)
The employing agency or
other governmental entity may not impose a penalty greater than the penalty
recommended by the hearing officer or board.
(20)
Any officer who has been
found to have committed an alleged violation may appeal from a final decision
of a hearing officer or hearing board to a court of competent jurisdiction or
to an independent neutral arbitrator to the extent available in any other
administrative proceeding under applicable State or local law, or a collective
bargaining agreement.
(i)
(1)
An officer who is notified
that the officer is under investigation or is the subject of a charge may,
after such notification, waive any right or procedure guaranteed by this
section.
(2)
A written waiver under this
subsection shall be—
(A)
in writing; and
(B)
signed by—
(i)
the officer, who shall have
consulted with counsel or a representative before signing any such waiver;
or
(ii)
the counsel or
representative of the officer, if expressly authorized by subsection
(h).
(j)
Nothing in this section
shall preclude a public agency from imposing summary punishment.
(k)
Nothing in this section may
be construed to preclude a law enforcement agency from imposing an emergency
suspension on a law enforcement officer, except that any such suspension
shall—
(1)
be followed by a hearing in
accordance with the requirements of subsection (h); and
(2)
not deprive the affected
officer of any pay or benefit.
(l)
Retaliation for exercising rights
There shall be no
imposition of, or threat of, disciplinary action or other penalty against a law
enforcement officer for the exercise of any right provided to the officer under
this section.
(m)
Other remedies not impaired
Nothing in this section may
be construed to impair any other right or remedy that a law enforcement officer
may have under any constitution, statute, ordinance, order, rule, regulation,
procedure, written policy, collective bargaining agreement, or any other
source.
(n)
Declaratory or injunctive relief
A law enforcement officer
who is aggrieved by a violation of, or is otherwise denied any right afforded
by, the Constitution of the United States, a State constitution, this section,
or any administrative rule or regulation promulgated pursuant thereto, may file
suit in any Federal or State court of competent jurisdiction for declaratory or
injunctive relief to prohibit the law enforcement agency from violating or
otherwise denying such right, and such court shall have jurisdiction, for cause
shown, to restrain such a violation or denial.
(o)
Protection of law enforcement officer personnel
files
(1)
Restrictions on adverse material maintained in officers’
personnel records
(A)
Unless the officer has had
an opportunity to review and comment, in writing, on any adverse material
generated after the effective date of the State and Local Law Enforcement Discipline,
Accountability, and Due Process Act of 2005 to be included in a
personnel record relating to the officer, no law enforcement agency or other
governmental entity may—
(i)
include the adverse
material in that personnel record; or
(ii)
possess or maintain control
over the adverse material in any form as a personnel record within the law
enforcement agency or elsewhere in the control of the employing governmental
entity.
(B)
Any responsive material
provided by an officer to adverse material included in a personnel record
pertaining to the officer shall be—
(i)
attached to the adverse
material; and
(ii)
released to any person or
entity to whom the adverse material is released in accordance with law and at
the same time as the adverse material is released.
(2)
Right to inspection of, and restrictions on access to
information in, the officer’s own personnel records
(A)
Subject to subparagraph
(B), a law enforcement officer shall have the right to inspect all of the
personnel records of the officer not less than annually.
(B)
A law enforcement officer
shall not have access to information in the personnel records of the officer if
the information—
(i)
relates to the
investigation of alleged conduct that, if proven, would constitute or have
constituted a definite violation of a statute providing for criminal penalties,
but as to which no formal charge was brought;
(ii)
contains letters of
reference for the officer;
(iii)
contains any portion of a
test document other than the results;
(iv)
is of a personal nature
about another officer, and if disclosure of that information in non-redacted
form would constitute a clearly unwarranted intrusion into the privacy rights
of that other officer; or
(v)
is relevant to any pending
claim brought by or on behalf of the officer against the employing agency of
that officer that may be discovered in any judicial or administrative
proceeding between the officer and the employer of that officer.
(p)
(1)
Nothing in this section may
be construed—
(A)
to preempt any State or
local law, or any provision of a State or local law, in effect on the date of
enactment of the State and Local Law
Enforcement Discipline, Accountability, and Due Process Act of
2005, that confers a right or a protection that equals or exceeds
the right or protection afforded by this section; or
(B)
to prohibit the enactment
of any State or local law that confers a right or protection that equals or
exceeds a right or protection afforded by this section.
(2)
State or local laws preempted
A State or local law, or
any provision of a State or local law, that confers fewer rights or provides
less protection for a law enforcement officer than any provision in this
section shall be preempted by this section.
(q)
Collective bargaining agreements
Nothing in this section may
be construed to—
(1)
preempt any provision in a
mutually agreed-upon collective bargaining agreement, in effect on the date of
enactment of the State and Local Law
Enforcement Discipline, Accountability, and Due Process Act of
2005, that provides for substantially the same or a greater right
or protection afforded under this section; or
(2)
prohibit the negotiation of
any additional right or protection for an officer who is subject to any
collective bargaining agreement.
.
(b)
The table of contents of
title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by inserting after the item relating to section 819 the following:
Sec. 820. Discipline,
accountability, and due process of State and local law enforcement
officers.
.
4.
Prohibition of Federal control over State and local criminal
justice agencies
Nothing in this Act or the
amendments made by this Act shall be construed to authorize any department,
agency, officer, or employee of the United States to exercise any direction,
supervision, or control of any police force or any criminal justice agency of
any State or any political subdivision thereof.
5.
The amendments made by this
Act shall take effect with respect to each State on the earlier of—
(1)
2 years after the date of
enactment of this Act; or
(2)
the conclusion of the second
legislative session of the State that begins on or after the date of enactment
of this Act.