[Congressional Record Volume 146, Number 32 (Tuesday, March 21, 2000)]
[Senate]
[Page S1517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself and Mr. McConnell):
  S. 2256. A bill to amend title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 to provide standards and procedures to guide 
both State and local law enforcement agencies and law enforcement 
officers during internal investigations, interrogation of law 
enforcement officers, and administrative disciplinary hearings, to 
ensure accountability of law enforcement officers, to guarantee the due 
process rights of law enforcement officers, and to require States to 
enact law enforcement discipline, accountability, and due process laws; 
to the Committee on the Judiciary.


THE STATE AND LOCAL LAW ENFORCEMENT DISCIPLINE, ACCOUNTABILITY AND DUE 
                          PROCESS ACT OF 2000

  Mr. McCONNELL. Mr. President, today I rise with Senator Biden to 
introduce the State and Local Law Enforcement Discipline, 
Accountability and Due Process Act of 2000. American families can turn 
on the news every night and see the reality of the war against crime 
and drugs. No one understands the dangers of this battle better than 
the men and women on the front lines. I'm talking about our nation's 
police officers.
  We have entrusted the difficult work of protecting society to police 
officers. They know the stress and the strain of walking the daily 
beat, of being caught in the crossfire in a world of gangs and drugs. 
They do a very difficult job, and with few exceptions, they do it with 
honor and skill.
  We should always remember that the vast majority of police officers 
work responsibly and risk their lives for all of us. In the words of 
one officer, `the ultimate sacrifice could occur at any time. * * * 
[The] gangs and criminals have rewritten the rule book.'
  To make matters worse, the pressure of crime and drugs--of gangs and 
thugs--is multiplied by the fear of unjust disciplinary actions. Our 
law enforcement officers face intrusive investigations into their 
professional and personal lives--oftentimes at the behest of some 
recently arrested criminal looking for a payback.
  Unfortunately, many police officers are denied the same basic 
procedural and due process rights that the rest of us enjoy and take 
for granted. As a result, our officers live in the fear of: being 
investigated without notice; being interrogated without an attorney; 
and, being dismissed without a hearing.
  We insist that police officers respect the constitutional rights of 
the citizens they serve. We insist that they adhere to the letter and 
spirit of our laws. We insist that they respect due process in their 
work. It is past time for us to give them the same kind of legal rights 
that every other citizen has come to enjoy. That is why Senator Biden 
and I have introduced this bill.
  This bill strikes an important balance: it makes sure every police 
officer has basic fundamental procedural rights, while at the same time 
ensuring that citizens have the opportunity to raise legitimate 
complaints and concerns about police officer accountability.
  For example, the bill guarantees due process rights to every police 
officer subject to investigation for noncriminal disciplinary action. 
Some of these rights include: the right to be informed of the 
administrative charges prior to being questioned; the right to be 
advised of the results of an investigation; the right to a hearing and 
an opportunity to respond; and the right to be represented by counsel 
or other representative.
  At the same time the bill ensures that legitimate citizen complaints 
against police officers will be actively investigated, and that 
citizens will be informed of the progress and outcome of those 
investigations.
  Finally, I must conclude by explaining that this bill is a product of 
years of input from the men and women who have experienced the daily 
pressures of police service, and continue to endure them. This 
legislation has benefitted from the thoughtful ideas and past support 
of many law enforcement groups, including the Fraternal Order of 
Police, the National Association of Police Organizations, and the 
International Brotherhood of Police Officers.
  In particular, I am grateful to the contribution made by the 
Fraternal Order of Police. Over the past 8 years, I have worked closely 
with the Kentucky FOP to develop and promote this legislation.
  The time has come to protect those who protect us. We must give our 
law enforcement officers the basic and fundamental rights that they 
desperately need and richly deserve.
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