[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 285 Introduced in House (IH)]

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118th CONGRESS
  1st Session
H. RES. 285

    Establishing a ``Bill of Rights'' to support United States law 
     enforcement personnel nationwide in their work to protect our 
                              communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2023

 Mr. D'Esposito (for himself, Mr. Williams of New York, Mr. Garbarino, 
 Mr. Stauber, Mr. Lawler, Mr. LaLota, Mr. Fitzpatrick, Ms. Tenney, Mr. 
Donalds, Ms. Malliotakis, Mr. Meuser, and Mr. Weber of Texas) submitted 
 the following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
    Establishing a ``Bill of Rights'' to support United States law 
     enforcement personnel nationwide in their work to protect our 
                              communities.

Whereas calls to ``defund'', ``disband'', ``dismantle'', or ``abolish'' the 
        police should be condemned and rule of law should be strictly 
        maintained;
Whereas law enforcement officers take an oath to never betray the public trust;
Whereas in the course of investigations into officers who have allegedly 
        exhibited misconduct, law enforcement should have certain rights to 
        ensure a fair administration of justice, including--

    (1) a law enforcement officer's inherent right to self-defense against 
physical threats;

    (2) a law enforcement officer's right to legal recourse if a civilian 
attempts to assault the law enforcement officer;

    (3) a law enforcement officer's right to be protected from physical 
harassment targeting a law enforcement officer;

    (4) a law enforcement officer's right to equipment necessary for 
personal protection;

    (5) a law enforcement officer's right to counsel and a union 
representative present at any interview conducted as part of an 
investigation;

    (6) a law enforcement officer's right to be informed of the nature of 
the investigation before any interview commences, including the name of the 
complainant and sufficient information to reasonably apprise the officer of 
the allegations;

    (7) during questioning in the course of an investigation a law 
enforcement officer's right--

    G    (A) to not be subjected to any offensive language;

    G    (B) to not be threatened with departmental, civil, or criminal 
charges; and

    G    (C) to not receive financial or promotional inducement;

    (8) a law enforcement officer's right to a hearing, with notification 
in advance of the date, access to transcripts, other relevant documents, 
and evidence;

    (9) a law enforcement officer's right to have the opportunity to 
respond to adverse accusations; and

    (10) a law enforcement officer's right to not be disciplined for 
exercising a Fifth Amendment right to remain silent unless granted immunity 
that such statements will not be used against the officer in any criminal 
proceeding;

Whereas in order to ensure these investigations are conducted in a manner that 
        protects the public, respects the rights of law enforcement personnel, 
        and is conducive to good order and discipline;
Whereas States across the country are encouraged to adopt a ``Bill of Rights'' 
        for law enforcement personnel for protections related to investigation 
        and prosecution arising from conduct during official performance of 
        duties;
Whereas the law enforcement community protects our streets, acknowledges the 
        rights of all Americans, and keeps citizens safe from harm;
Whereas law enforcement officers are recognized for their public service to all, 
        knowing they face extremely dangerous situations while carrying out 
        their duties; and
Whereas a healthy and collaborative relationship between law enforcement 
        officers and the communities they serve is essential to creating 
        mutually respectful dialogue: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes all law enforcement agencies and officers 
        for their tireless work to protect us and make our communities 
        safer;
            (2) condemns calls to ``defund'', ``disband'', 
        ``dismantle'', or ``abolish'' the police;
            (3) encourages dialogue between law enforcement and their 
        respective communities to improve public safety, and engage all 
        of society's stakeholders; and
            (4) respects the rights of police officers to carry out 
        their duties to protect our communities with integrity and have 
        essential protections during the course of investigations.
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