I 

111TH CONGRESS 

1ST SESSION H. R. 1972 

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 

provide standards and procedures to guide 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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. STUPAK (for himself and Mr. PAULSEN) 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 provide standards and procedures to 

guide 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Law Enforcement Offi5 cer’s Procedural Bill of Rights Act of 2009’’. 

6 SEC. 2. FINDINGS; DECLARATION OF PURPOSE AND POL7 ICY. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) a significant lack of due process rights of 

10 law enforcement officers during internal investiga11 tions and disciplinary proceedings has resulted in a 

12 loss of confidence in these processes by many law 

13 enforcement officers, including those unfairly tar14 geted for their labor organization activities or for 

15 their legitimate enforcement of the laws, demor16 alizing many rank and file officers in communities 

17 and States; 

18 (2) unfair treatment of officers has potentially 

19 serious long-term consequences for law enforcement 

20 by potentially deterring or otherwise preventing offi21 cers from carrying out their duties and responsibil22 ities effectively and fairly in relation to law enforce23 ment and homeland security; 

24 (3) in light of Congressional authorization of 

25 local law enforcement officers to act across State 


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1 lines for Homeland Security purposes during emer2 gencies, and in connection with mutual aid agree3 ments among the States, there is a need to provide 

4 stability and continuity in policing operations and 

5 safeguard the rights and protections of law enforce6 ment officers who may be called upon to act beyond 

7 their local jurisdictions; 

8 (4) the rights of law enforcement officers to en9 gage in or refrain from political activity while off10 duty, or to run as candidates for public office, unless 

11 such service is found to be in conflict with their 

12 service as officers, are protected by the first amend13 ment of the United States Constitution; 

14 (5) the lack of labor-management cooperation 

15 in disciplinary matters and either the perception or 

16 the actuality that officers are not treated fairly det17 rimentally impacts the recruitment of and retention 

18 of effective officers, as potential officers and experi19 enced officers seek other careers which has serious 

20 implications and repercussions for officer morale, 

21 public safety, and labor-management relations and 

22 strife and can affect interstate and intrastate com23 merce, interfering with the normal flow of com24 merce; 


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1 (6) there are serious implications for the public 

2 safety of the citizens and residents of the United 

3 States which threatens the domestic tranquility of 

4 the United States because of a lack of statutory pro5 tections to ensure— 

6 (A) the due process rights of law enforce7 ment officers; 

8 (B) fair and thorough internal investiga9 tions and interrogations of and disciplinary pro10 ceedings against law enforcement officers; and 

11 (C) effective procedures for receipt, review, 

12 and investigation of complaints against officers, 

13 fair to both officers and complainants; and 

14 (7) resolving these disputes and problems and 

15 preventing the disruption of vital police services is 

16 essential to the well-being of the United States and 

17 the domestic tranquility of the Nation. 

18 (b) DECLARATION OF PURPOSE AND POLICY.—Con19 gress declares that it is the purpose of this Act and the 

20 policy of the United States to— 

21 (1) protect the due process rights of State and 

22 local law enforcement officers and ensure equality 

23 and fairness of treatment among such officers; 

24 (2) provide continued police protection to the 

25 general public; 


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1 (3) provide for the general welfare and ensure 

2 domestic tranquility; and 

3 (4) prevent any impediments to the free flow of 

4 commerce, under the rights guaranteed under the 

5 United States Constitution and Congress’ authority 

6 thereunder. 

7 SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS 

8 RIGHTS OF OFFICERS. 

9 The Omnibus Crime Control and Safe Streets Act of 

10 1968 (42 U.S.C. 3782 et seq.) is amended— 

11 (1) by redesignating part JJ, as added by sec12 tion 952 of Public Law 110–315 (relating to Loan 

13 Repayment for Prosecutors and Public Defenders), 

14 as part LL, and moving such part so that such part 

15 follows part KK; 

16 (2) in part LL, as so redesignated and moved 

17 by paragraph (1), by redesignating section 3001 as 

18 section 3021; and 

19 (3) by adding at the end the following new part: 


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1 ‘‘PART MM—DISCIPLINE, ACCOUNTABILITY, AND 

2 DUE PROCESS RIGHTS OF STATE AND LOCAL 

3 LAW ENFORCEMENT OFFICERS 

4 ‘‘SEC. 3031. DISCIPLINE, ACCOUNTABILITY, AND DUE PROC5 ESS RIGHTS OF STATE AND LOCAL LAW EN6 FORCEMENT OFFICERS. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) DISCIPLINARY ACTION.—The term ‘dis9 ciplinary action’ means any adverse personnel action 

10 taken against a law enforcement officer in response 

11 to an alleged violation of any rule, regulation, policy, 

12 procedure, or directive by such officer, and shall in13 clude suspension, reduction in pay, rank, or other 

14 employment benefit, dismissal, transfer, reassign15 ment, unreasonable denial of secondary employment, 

16 denial of promotion, unpaid leave from employment, 

17 or other adverse actions. 

18 ‘‘(2) DISCIPLINARY HEARING.—The term ‘dis19 ciplinary hearing’ means an administrative hearing 

20 initiated by a law enforcement agency against a law 

21 enforcement officer which may result in disciplinary 

22 action. 

23 ‘‘(3) SUMMARY SUSPENSION.—The term ‘sum24 mary suspension’ means the temporary action by a 

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1 forcement duties without a reduction in pay or bene2 fits when the law enforcement agency, or an official 

3 within that agency, determines that there is probable 

4 cause, based upon the conduct of the law enforce5 ment officer, to believe that the law enforcement of6 ficer poses an immediate threat to the safety of that 

7 officer, others, or the property of others. 

8 ‘‘(4) INVESTIGATION.—The term ‘investigation’ 

9 means an action taken to determine whether a law 

10 enforcement officer violated a rule, regulation, pol11 icy, procedure, or directive, which may include— 

12 ‘‘(A) asking questions of any other law en13 forcement officer or nonlaw enforcement officer; 

14 ‘‘(B) conducting observations; 

15 ‘‘(C) asking questions of law enforcement 

16 officers during an on scene investigation of an 

17 officer involved shooting; 

18 ‘‘(D) seizing property; 

19 ‘‘(E) reviewing and evaluating reports, 

20 records, or other documents; and 

21 ‘‘(F) examining physical evidence. 

22 ‘‘(5) LAW ENFORCEMENT OFFICER.—The terms 

23 ‘law enforcement officer’ and ‘officer’ have the 

24 meaning given the term ‘law enforcement officer’ in 

25 section 1204, except the term does not include a law 


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1 enforcement officer employed by the United States, 

2 or any department, agency, or instrumentality there3 of. 

4 ‘‘(6) PERSONNEL RECORD.—The term ‘per5 sonnel record’ means any document or file, whether 

6 in written or electronic form and irrespective of loca7 tion, that has been or may be used in determining 

8 the qualifications of a law enforcement officer for 

9 employment, promotion, transfer, additional com10 pensation, termination, or any other disciplinary ac11 tion. 

12 ‘‘(7) PUBLIC AGENCY AND LAW ENFORCEMENT

13 AGENCY.—The terms ‘public agency’ and ‘law en14 forcement agency’ each have the meaning given the 

15 term ‘public agency’ in section 1204, except the 

16 terms do not include the United States, or any de17 partment, agency, or instrumentality thereof. 

18 ‘‘(8) LIE DETECTOR.—The term ‘lie detector’ 

19 means a polygraph, deceptograph, voice stress ana20 lyzer, psychological stress evaluator, or any other 

21 similar device, whether mechanical or electrical, that 

22 is used, or the results of which are used, for the pur23 pose of rendering a diagnostic opinion regarding the 

24 honesty or dishonesty of an individual. 


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1 ‘‘(9) SUMMARY PUNISHMENT.—The term ‘sum2 mary punishment’ means any punishment imposed 

3 for a violation of law that— 

4 ‘‘(A) does not result in any disciplinary ac5 tion; or 

6 ‘‘(B) has been negotiated and agreed upon 

7 by the law enforcement agency and the law en8 forcement officer, based upon a written waiver 

9 by the officer of the rights of that officer under 

10 subsection (h) and any other applicable law or 

11 constitutional provision, after consultation with 

12 the counsel or representative of that officer. 

13 ‘‘(b) APPLICABILITY.— 

14 ‘‘(1) IN GENERAL.—This section sets forth the 

15 due process rights, including procedures, that shall 

16 be afforded a law enforcement officer who is the 

17 subject of an investigation or disciplinary hearing. 

18 ‘‘(2) NONAPPLICABILITY.—This section does 

19 not apply in the case of— 

20 ‘‘(A) an investigation of specifically alleged 

21 conduct by a law enforcement officer that, if 

22 proven, would constitute a violation of a statute 

23 providing for criminal penalties; or 

24 ‘‘(B) a nondisciplinary action taken in 

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1 lated performance of law enforcement officers, 

2 and those serving in a law enforcement capacity 

3 holding an elected or appointed office. 

4 ‘‘(c) EFFECTIVE PROCEDURES FOR RECEIPT, RE5 VIEW, AND INVESTIGATION OF COMPLAINTS AGAINST

6 LAW ENFORCEMENT OFFICERS.— 

7 ‘‘(1) COMPLAINT PROCESS.—Not later than one 

8 year after the effective date of this section, each law 

9 enforcement agency shall adopt and comply with a 

10 written complaint procedure that— 

11 ‘‘(A) authorizes persons from within and 

12 outside the law enforcement agency to submit 

13 written complaints about a law enforcement of14 ficer to— 

15 ‘‘(i) the law enforcement agency em16 ploying the law enforcement officer; or 

17 ‘‘(ii) any other law enforcement agen18 cy charged with investigating such com19 plaints; 

20 ‘‘(B) sets forth the procedures for the in21 vestigation and disposition of such complaints; 

22 ‘‘(C) provides for public access to required 

23 forms and other information concerning the 

24 submission and disposition of written com25 plaints; and 


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1 ‘‘(D) requires notification to the complain2 ant in writing of the final disposition of the 

3 complaint and the reasons for such disposition. 

4 ‘‘(2) INITIATION OF AN INVESTIGATION.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), an investigation based on a 

7 complaint from within or outside the law en8 forcement agency shall commence not later than 

9 15 days after the receipt of the complaint by— 

10 ‘‘(i) the law enforcement agency em11 ploying the law enforcement officer against 

12 whom the complaint has been made; or 

13 ‘‘(ii) any other law enforcement agen14 cy charged with investigating such a com15 plaint. 

16 ‘‘(B) EXCEPTION.—Subparagraph (A) 

17 shall not apply if— 

18 ‘‘(i) the law enforcement agency deter19 mines from the face of the complaint that 

20 each allegation does not constitute a viola21 tion of law; or 

22 ‘‘(ii) the complainant fails to comply 

23 substantially with the complaint procedure 

24 of the law enforcement agency established 

25 under this section. 


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1 ‘‘(3) CONFLICT OF INTEREST.—The complain2 ant or victim of the alleged conduct giving rise to an 

3 investigation under this subsection or any other indi4 vidual with a conflict of interest may not conduct or 

5 supervise the investigation or serve as an investi6 gator. 

7 ‘‘(d) NOTICE OF INVESTIGATION.— 

8 ‘‘(1) IN GENERAL.—Any law enforcement offi9 cer who is the subject of an investigation shall be 

10 notified of the investigation not less than 24 hours 

11 before the commencement of questioning or before 

12 otherwise being required to provide information to 

13 an investigating agency. 

14 ‘‘(2) CONTENTS OF NOTICE.—Notice given 

15 under paragraph (1) shall include— 

16 ‘‘(A) the nature and scope of the investiga17 tion; 

18 ‘‘(B) a description of any allegation con19 tained in a written complaint; 

20 ‘‘(C) a description of each violation of law 

21 alleged in the complaint for which suspicion ex22 ists that the officer may have engaged in con23 duct that may subject the officer to disciplinary 

24 action; and 


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1 ‘‘(D) the name, rank, and command of the 

2 officer or any other individual who will be con3 ducting the investigation. 

4 ‘‘(e) RIGHTS OF LAW ENFORCEMENT OFFICERS

5 PRIOR TO AND DURING QUESTIONING INCIDENTAL TO AN

6 INVESTIGATION.—If a law enforcement officer is subjected 

7 to questioning incidental to an investigation that may re8 sult in disciplinary action against the officer, the following 

9 minimum safeguards shall apply: 

10 ‘‘(1) COUNSEL AND REPRESENTATION.— 

11 ‘‘(A) IN GENERAL.—Any law enforcement 

12 officer under investigation shall be entitled to 

13 effective counsel by an attorney or representa14 tion by any other person who the officer choos15 es, such as an employee representative, or both, 

16 immediately before and during the entire period 

17 of any questioning session, unless the officer 

18 consents in writing to being questioned outside 

19 the presence of counsel or representative. 

20 ‘‘(B) PRIVATE CONSULTATION.—During 

21 the course of any questioning session, the offi22 cer shall be afforded the opportunity to consult 

23 privately with counsel or a representative, if 

24 such consultation does not repeatedly and un25 necessarily disrupt the questioning period. 


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1 ‘‘(C) UNAVAILABILITY OF COUNSEL.—If 

2 the counsel or representative of the law enforce3 ment officer is not available within 24 hours of 

4 the time set for the commencement of any ques5 tioning of that officer, the investigating law en6 forcement agency shall grant a reasonable ex7 tension of time for the law enforcement officer 

8 to obtain counsel or representation. 

9 ‘‘(2) REASONABLE HOURS AND TIME.—The in10 terrogation shall be conducted at a reasonable hour, 

11 preferably at a time when the law enforcement offi12 cer is on duty, or during the normal waking hours 

13 for the law enforcement officer, unless the serious14 ness of the investigation requires otherwise. If the 

15 interrogation does occur during off-duty time of the 

16 law enforcement officer being interrogated, the law 

17 enforcement officer shall be compensated for any 

18 such off-duty time in accordance with regular de19 partment procedures. 

20 ‘‘(3) PLACE OF QUESTIONING.—Unless the offi21 cer consents in writing to being questioned else22 where, any questioning of a law enforcement officer 

23 under investigation shall take place— 

24 ‘‘(A) at the office of the individual con25 ducting the investigation on behalf of the law 


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1 enforcement agency employing the officer under 

2 investigation; or 

3 ‘‘(B) the place at which the officer under 

4 investigation reports for duty. 

5 ‘‘(4) IDENTIFICATION OF QUESTIONERS.—Be6 fore the commencement of any questioning, a law 

7 enforcement officer under investigation shall be in8 formed of— 

9 ‘‘(A) the name, rank, and command of 

10 each officer or other individual who will conduct 

11 the questioning; and 

12 ‘‘(B) the relationship between each such 

13 individual conducting the questioning and the 

14 law enforcement agency employing the officer 

15 under investigation. 

16 ‘‘(5) NO MORE THAN TWO QUESTIONERS.—All 

17 questions directed to the law enforcement officer 

18 under interrogation shall be asked by and through 

19 no more than two interrogators at one time. 

20 ‘‘(6) REASONABLE TIME PERIOD.—Any ques21 tioning of a law enforcement officer under investiga22 tion shall be for a reasonable period of time, taking 

23 into consideration the gravity and complexity of the 

24 issue being investigated, and shall allow reasonable 

25 periods for the rest and personal necessities of the 


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1 officer and the counsel or representative of the offi2 cer, if such person is present. 

3 ‘‘(7) NO THREATS, FALSE STATEMENTS, OR

4 PROMISES TO BE MADE.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the law enforcement officer 

7 shall not be subjected to offensive language, 

8 threats, misleading statements, or promises of a 

9 reward in attempts to induce the officer to an10 swer any question, give any statement, or other11 wise provide information. 

12 ‘‘(B) EXCEPTION.—The law enforcement 

13 agency employing a law enforcement officer 

14 under investigation may require the officer to 

15 make a statement relating to the investigation 

16 by explicitly threatening disciplinary action, in17 cluding termination, only if— 

18 ‘‘(i) the officer has received a written 

19 grant of use and derivative use immunity 

20 or transactional immunity by a person au21 thorized to grant such immunity; and 

22 ‘‘(ii) the statement given by the law 

23 enforcement officer under such an immu24 nity may not be used in any subsequent 

25 criminal proceeding against that officer. 


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1 ‘‘(8) COERCION.—No statement made during 

2 interrogation by a law enforcement officer under du3 ress, coercion, or threat shall be admissible in any 

4 subsequent civil proceeding against that officer. 

5 ‘‘(9) CRIMINAL CHARGES.—If prior to or during 

6 the interrogation of a law enforcement officer it is 

7 deemed that the officer may be charged with a 

8 criminal offense, the officer shall be immediately in9 formed of his or her constitutional rights, and shall 

10 be entitled to counsel. Disciplinary action based sole11 ly on criminal charges shall not be made final until 

12 the criminal investigation of such charges has been 

13 completed, and all court proceedings are concluded. 

14 ‘‘(10) RECORDING.— 

15 ‘‘(A) IN GENERAL.—All questioning of a 

16 law enforcement officer under an investigation 

17 shall be recorded in full, in writing or by elec18 tronic device, and a copy of the transcript shall 

19 be provided to the officer under investigation, 

20 free of charge, before any subsequent period of 

21 questioning or the filing of any charge against 

22 that officer. 

23 ‘‘(i) Except as provided in clause (ii) 

24 a transcribed copy of any notes made by a 

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1 plaints made by investigators or other per2 sons, shall be made available to the law en3 forcement officer. 

4 ‘‘(ii) Clause (i) does not apply if the 

5 notes or reports have been deemed to be 

6 confidential by the investigating agency. 

7 No notes or reports that have been deemed 

8 to be confidential may be included in the 

9 officer’s personnel file. 

10 ‘‘(B) SEPARATE RECORDING.—To ensure 

11 the accuracy of the recording, an officer may 

12 utilize a separate electronic recording device, 

13 and a copy of any such recording (or the tran14 script) shall be provided to the public agency 

15 conducting the questioning, if that agency so 

16 requests. 

17 ‘‘(11) USE OF HONESTY TESTING DEVICES.— 

18 ‘‘(A) No law enforcement officer under in19 vestigation may be compelled to submit to the 

20 use of a lie detector, as defined in section 2 of 

21 the Employee Polygraph Protection Act of 1988 

22 (29 U.S.C. 2001). 

23 ‘‘(B) No disciplinary action or other re24 crimination shall be taken against a law en25 forcement officer for refusing to submit to a lie 


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1 detector test, nor shall any comment regarding 

2 an officer’s decision to submit to or refuse such 

3 a test be entered in the investigator’s notes or 

4 in any other file or document, nor shall any tes5 timony or evidence regarding such a decision by 

6 an officer be admissible at a subsequent hear7 ing, trial, or proceeding, whether judicial or ad8 ministrative. 

9 ‘‘(12) USE OF THE MEDIA.—The employer shall 

10 not cause the law enforcement officer under interro11 gation to be subjected to visits by the press or news 

12 media without the express consent of the officer, nor 

13 shall the name, home address, or photograph of the 

14 officer be given to the press or news media without 

15 the officer’s express consent. 

16 ‘‘(f) NOTICE OF INVESTIGATIVE FINDINGS AND DIS17 CIPLINARY RECOMMENDATION AND OPPORTUNITY TO

18 SUBMIT A WRITTEN RESPONSE.— 

19 ‘‘(1) NOTICE.—Except as provided in para20 graph (3), not later than 15 days after the conclu21 sion of an investigation under this subsection, the 

22 person in charge of the investigation or the designee 

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1 ing, of the investigative findings and any rec2 ommendations for disciplinary action. 

3 ‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE4 SPONSE.— 

5 ‘‘(A) IN GENERAL.—Not later than 30 

6 days after receipt of a notification under para7 graph (1), and before the filing of any charge 

8 seeking the discipline of such officer or the 

9 commencement of any disciplinary proceeding 

10 under subsection (g), the law enforcement offi11 cer who was the subject of the investigation 

12 may submit a written response to the findings 

13 and recommendations included in the notifica14 tion. 

15 ‘‘(B) CONTENTS OF RESPONSE.—The re16 sponse submitted under subparagraph (A) may 

17 include references to additional documents, 

18 physical objects, witnesses, or any other infor19 mation that the law enforcement officer believes 

20 may provide exculpatory evidence. 

21 ‘‘(3) EXCEPTIONS.—Permissible exceptions to 

22 paragraph (1) are as follows: 

23 ‘‘(A) If the act, omission, or other allega24 tion of misconduct is also the subject of a 

25 criminal investigation or prosecution, the time 


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1 during which the criminal investigation or pros2 ecution is pending shall be extended until 30 

3 days after the completion of such investigation 

4 or prosecution. 

5 ‘‘(B) If the law enforcement officer volun6 tarily waives the 15-day period in writing, the 

7 time period shall be extended for the period of 

8 time specified in the written waiver. 

9 ‘‘(C) If the investigation is a multi-juris10 dictional investigation that requires a reason11 able extension for coordination of the involved 

12 agencies. 

13 ‘‘(D) If the law enforcement officer who is 

14 being investigated is incapacitated or is other15 wise unavailable. 

16 ‘‘(E) If the investigation involves an allega17 tion of workers’ compensation fraud on the part 

18 of the law enforcement officer. 

19 ‘‘(g) DISCIPLINARY HEARING.— 

20 ‘‘(1) NOTICE OF OPPORTUNITY FOR HEAR21 ING.—Except in a case of summary punishment or 

22 summary suspension (subject to subsection (i) or (j), 

23 respectively), before the imposition of any discipli24 nary action the law enforcement agency shall notify 

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1 ess hearing by an independent and impartial hearing 

2 officer or board. 

3 ‘‘(2) REQUIREMENT OF DETERMINATION OF

4 VIOLATION.—No disciplinary action may be taken 

5 against a law enforcement officer unless an inde6 pendent and impartial hearing officer or board de7 termines, after a hearing and in accordance with the 

8 requirements of this subsection, that the law en9 forcement officer committed a violation of a rule, 

10 regulation, policy, procedure, or directive. 

11 ‘‘(3) TIME LIMIT.—No disciplinary charge may 

12 be brought against a law enforcement officer un13 less— 

14 ‘‘(A) the charge is filed not later than the 

15 earlier of— 

16 ‘‘(i) 1 year after the date on which the 

17 law enforcement agency filing the charge 

18 had knowledge or reasonably should have 

19 had knowledge of an alleged violation of a 

20 rule, regulation, policy, procedure, or direc21 tive; or 

22 ‘‘(ii) 90 days after the commencement 

23 of an investigation; or 


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1 ‘‘(B) the requirements of this paragraph 

2 are waived in writing by the officer or the coun3 sel or representative of the officer. 

4 ‘‘(4) NOTICE OF HEARING.—Unless waived in 

5 writing by the officer or the counsel or representa6 tive of the officer, not later than 30 days after the 

7 filing of a disciplinary charge against a law enforce8 ment officer, the law enforcement agency filing the 

9 charge shall provide written notification to the law 

10 enforcement officer who is the subject of the charge, 

11 of— 

12 ‘‘(A) the date, time, and location of any 

13 disciplinary hearing, which shall be scheduled in 

14 cooperation with the law enforcement officer, or 

15 the counsel or representative of the officer, and 

16 which shall take place not earlier than 30 days 

17 and not later than 60 days after notification of 

18 the hearing is given to the law enforcement offi19 cer under investigation; 

20 ‘‘(B) the name and mailing address of the 

21 independent and impartial hearing officer, or 

22 the names and mailing addresses of the inde23 pendent and impartial hearing board members; 

24 and 


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1 ‘‘(C) the name, rank, command, and ad2 dress of the law enforcement officer prosecuting 

3 the matter for the law enforcement agency, or 

4 the name, position, and mailing address of the 

5 person prosecuting the matter for a public 

6 agency, if the prosecutor is not a law enforce7 ment officer. 

8 ‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND

9 INVESTIGATIVE FILE.—Unless waived in writing by 

10 the law enforcement officer or the counsel or rep11 resentative of that officer, not later than 15 days be12 fore a disciplinary hearing described in this sub13 section, the law enforcement officer shall be provided 

14 with— 

15 ‘‘(A) a copy of the complete file of the pre16 disciplinary investigation; and 

17 ‘‘(B) access to and, if so requested, copies 

18 of all documents, including transcripts, records, 

19 written statements, written reports, analyses, 

20 and electronically recorded information that— 

21 ‘‘(i) contain exculpatory information; 

22 ‘‘(ii) are intended to support any dis23 ciplinary action; or 

24 ‘‘(iii) are to be introduced in the dis25 ciplinary hearing. 


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1 ‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.— 

2 Unless waived in writing by the law enforcement of3 ficer or the counsel or representative of that offi4 cer— 

5 ‘‘(A) not later than 15 days before a dis6 ciplinary hearing, the prosecuting agency shall 

7 notify the law enforcement officer or the coun8 sel or representative of that officer of all phys9 ical, nondocumentary evidence; and 

10 ‘‘(B) not later than 15 days before a dis11 ciplinary hearing, the prosecuting agency shall 

12 provide a reasonable date, time, place, and 

13 manner for the law enforcement officer or the 

14 counsel or representative of the law enforce15 ment officer to examine the evidence described 

16 in subparagraph (A). 

17 ‘‘(7) IDENTIFICATION OF WITNESSES.—Unless 

18 waived in writing by the law enforcement officer or 

19 the counsel or representative of the officer, not later 

20 than 15 days before a disciplinary hearing, the pros21 ecuting agency shall notify the law enforcement offi22 cer or the counsel or representative of the officer, of 

23 the name and address of each witness for the law 

24 enforcement agency employing the law enforcement 

25 officer. 


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1 ‘‘(8) REPRESENTATION.—During a disciplinary 

2 hearing, the law enforcement officer who is the sub3 ject of the hearing shall be entitled to due process, 

4 including— 

5 ‘‘(A) the right to be represented by counsel 

6 or a representative of the officer’s choosing; 

7 ‘‘(B) the right to confront and examine all 

8 witnesses against the officer; and 

9 ‘‘(C) the right to call and examine wit10 nesses on behalf of the officer. 

11 ‘‘(9) HEARING BOARD AND PROCEDURE.— 

12 ‘‘(A) IN GENERAL.—A State or local gov13 ernment agency, other than the law enforce14 ment agency employing the officer who is sub15 ject of the disciplinary hearing, shall— 

16 ‘‘(i) determine the composition of an 

17 independent and impartial disciplinary 

18 hearing board; 

19 ‘‘(ii) appoint an independent and im20 partial hearing officer; and 

21 ‘‘(iii) establish such procedures as 

22 may be necessary to comply with this sec23 tion. 

24 ‘‘(B) PEER REPRESENTATION ON DISCIPLI25 NARY HEARING BOARD.—A disciplinary hearing 


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1 board that includes employees of the law en2 forcement agency employing the law enforce3 ment officer who is the subject of the hearing, 

4 shall include not less than 1 law enforcement 

5 officer of equal or lesser rank to the officer who 

6 is the subject of the hearing. 

7 ‘‘(10) SUMMONSES AND SUBPOENAS.— 

8 ‘‘(A) IN GENERAL.—The disciplinary hear9 ing board or independent hearing officer— 

10 ‘‘(i) shall have the authority to issue 

11 summonses or subpoenas, on behalf of— 

12 ‘‘(I) the law enforcement agency 

13 employing the officer who is the sub14 ject of the hearing; or 

15 ‘‘(II) the law enforcement officer 

16 who is the subject of the hearing; and 

17 ‘‘(ii) upon written request of either 

18 the agency or the officer, shall issue a 

19 summons or subpoena, as appropriate, to 

20 compel the appearance and testimony of a 

21 witness or the production of documentary 

22 evidence. 

23 ‘‘(B) EFFECT OF FAILURE TO COMPLY

24 WITH SUMMONS OR SUBPOENA.—With respect 


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1 to any failure to comply with a summons or a 

2 subpoena issued under subparagraph (A)— 

3 ‘‘(i) the disciplinary hearing officer or 

4 board shall petition a court of competent 

5 jurisdiction to issue an order compelling 

6 compliance; and 

7 ‘‘(ii) subsequent failure to comply 

8 with such a court order issued pursuant to 

9 a petition under clause (i) shall— 

10 ‘‘(I) be subject to contempt of a 

11 court proceedings according to the 

12 laws of the jurisdiction within which 

13 the disciplinary hearing is being con14 ducted; and 

15 ‘‘(II) result in the recess of the 

16 disciplinary hearing until the witness 

17 becomes available to testify and does 

18 testify or is held in contempt. 

19 ‘‘(11) CLOSED HEARING.—A disciplinary hear20 ing shall be closed to the public unless the law en21 forcement officer who is the subject of the hearing 

22 requests, in writing, that the hearing be open to 

23 specified individuals or to the general public. 


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1 ‘‘(12) RECORDING.—All aspects of a discipli2 nary hearing, including pre-hearing motions, shall be 

3 recorded by electronic media or transcription. 

4 ‘‘(13) SEQUESTRATION OF WITNESSES.—Either 

5 side in a disciplinary hearing may move for and be 

6 entitled to sequestration of witnesses. 

7 ‘‘(14) TESTIMONY UNDER OATH.—The hearing 

8 officer or board shall administer an oath or affirma9 tion to each witness, who shall testify subject to the 

10 laws of perjury of the State in which the disciplinary 

11 hearing is being conducted. 

12 ‘‘(15) FINAL DECISION ON EACH CHARGE.— 

13 ‘‘(A) IN GENERAL.—At the conclusion of 

14 the presentation of all the evidence and after 

15 oral or written argument, the hearing officer or 

16 board shall deliberate and render a written final 

17 decision on each charge. 

18 ‘‘(B) FINAL DECISION ISOLATED TO

19 CHARGE BROUGHT.—The hearing officer or 

20 board may not find that the law enforcement 

21 officer who is the subject of the hearing is liable 

22 for disciplinary action for any violation, as to 

23 which the officer was not charged. 


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1 ‘‘(16) BURDEN OF PERSUASION AND STANDARD

2 OF PROOF.—The burden of persuasion or standard 

3 of proof of the prosecuting agency shall be— 

4 ‘‘(A) by clear and convincing evidence as to 

5 each charge alleging false statement or rep6 resentation, fraud, dishonesty, deceit, moral 

7 turpitude, or criminal behavior on the part of 

8 the law enforcement officer who is the subject 

9 of the charge; and 

10 ‘‘(B) by a preponderance of the evidence as 

11 to all other charges. 

12 ‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID13 ERED BY THE HEARING OFFICER OR BOARD.—A law 

14 enforcement officer who is the subject of a discipli15 nary hearing shall not be found guilty of any charge 

16 or subjected to any disciplinary action unless the 

17 disciplinary hearing board or independent hearing 

18 officer finds that— 

19 ‘‘(A) the officer who is the subject of the 

20 charge could reasonably be expected to have 

21 had knowledge of the probable consequences of 

22 the alleged conduct set forth in the charge 

23 against the officer; 

24 ‘‘(B) the rule, regulation, policy, proce25 dure, or directive that the officer who is the 


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1 subject of the charge allegedly violated is rea2 sonable; 

3 ‘‘(C) the charging party, before filing the 

4 charge, made a reasonable, fair, and objective 

5 effort to discover whether the officer did in fact 

6 violate the rule, regulation, policy, procedure, or 

7 directive as charged; 

8 ‘‘(D) the charging party did not conduct 

9 the investigation arbitrarily or unfairly, or in a 

10 discriminatory manner, against the officer who 

11 is the subject of the charge, and the charge was 

12 brought in good faith; and 

13 ‘‘(E) the proposed disciplinary action rea14 sonably relates to the seriousness of the alleged 

15 violation and to the record of service of the offi16 cer who is the subject of the charge. 

17 ‘‘(18) FINDING OF NO VIOLATION.—If the offi18 cer who is the subject of the disciplinary hearing is 

19 found not to have committed the alleged violation— 

20 ‘‘(A) the matter is concluded; 

21 ‘‘(B) no disciplinary action may be taken 

22 against the officer; 

23 ‘‘(C) the personnel file of that officer may 

24 not contain any reference to the charge for 

25 which the officer was found not guilty; and 


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1 ‘‘(D) any pay and benefits lost or deferred 

2 during the pendency of the disposition of the 

3 charge shall be restored to the officer as though 

4 no charge had ever been filed against the offi5 cer, including salary or regular pay, vacation, 

6 holidays, longevity pay, education incentive pay, 

7 shift differential, uniform allowance, lost over8 time, other premium pay opportunities, medical 

9 expenses, lost pension, and lost promotional op10 portunities. 

11 ‘‘(19) FINDING OF A VIOLATION.— 

12 ‘‘(A) IN GENERAL.—If the officer who is 

13 the subject of the charge is found to have com14 mitted the alleged violation, the hearing officer 

15 or board shall make a written recommendation 

16 of a penalty to the law enforcement agency em17 ploying the officer or any other governmental 

18 entity that has final disciplinary authority, as 

19 provided by applicable State or local law. 

20 ‘‘(B) PENALTY.—The employing agency or 

21 other governmental entity may not impose a 

22 penalty greater than the penalty recommended 

23 by the hearing officer or board. 

24 ‘‘(20) APPEAL.— 


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1 ‘‘(A) IN GENERAL.—Any officer who has 

2 been found to have committed an alleged viola3 tion shall have 30 days to make an appeal from 

4 a final decision of a hearing officer or hearing 

5 board to a court of competent jurisdiction or to 

6 an independent neutral arbitrator to the extent 

7 available in any other administrative proceeding 

8 under applicable State or local law, or a collec9 tive bargaining agreement. 

10 ‘‘(B) EVIDENTIARY PROCEDURES.—Any 

11 administrative hearing under this section shall 

12 follow applicable evidentiary procedures pro13 vided under State law. 

14 ‘‘(h) WAIVER OF RIGHTS.— 

15 ‘‘(1) IN GENERAL.—An officer who is notified 

16 that the officer is under investigation or is the sub17 ject of a charge may, after such notification, waive 

18 any right or procedure guaranteed by this section. 

19 ‘‘(2) WRITTEN WAIVER.—A written waiver 

20 under this subsection shall be— 

21 ‘‘(A) in writing; and 

22 ‘‘(B) signed by— 

23 ‘‘(i) the officer, who shall have con24 sulted with counsel or a representative be25 fore signing any such waiver; or 


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1 ‘‘(ii) the counsel or representative of 

2 the officer, if expressly authorized by sub3 section (g). 

4 ‘‘(i) SUMMARY PUNISHMENT.—Nothing in this sec5 tion shall preclude a public agency from imposing sum6 mary punishment. 

7 ‘‘(j) SUMMARY SUSPENSION.—Nothing in this section 

8 shall be construed to preclude a law enforcement agency 

9 from imposing a summary suspension on a law enforce10 ment officer, except that any such suspension shall— 

11 ‘‘(1) be followed by a hearing in accordance 

12 with the requirements of subsection (g); and 

13 ‘‘(2) not deprive the affected officer of any pay 

14 or benefit. 

15 ‘‘(k) RETALIATION FOR EXERCISING RIGHTS.— 

16 There shall be no imposition of, or threat of, disciplinary 

17 action or other penalty against a law enforcement officer 

18 for the exercise of any right provided to the officer under 

19 this section. 

20 ‘‘(l) OTHER REMEDIES NOT IMPAIRED.—Nothing in 

21 this section may be construed to impair any other right 

22 or remedy that a law enforcement officer may have under 

23 any constitution, statute, ordinance, order, rule, regula24 tion, procedure, written policy, collective bargaining agree25 ment, or any other source. 


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1 ‘‘(m) DECLARATORY OR INJUNCTIVE RELIEF.—A 

2 law enforcement officer who is aggrieved by a violation of, 

3 or is otherwise denied any right afforded by, the Constitu4 tion of the United States, a State constitution, this sec5 tion, or any administrative rule or regulation promulgated 

6 pursuant thereto, may file suit in any Federal or State 

7 court of competent jurisdiction for declaratory or injunc8 tive relief to prohibit the law enforcement agency from vio9 lating or otherwise denying such right, and such court 

10 shall have jurisdiction, for cause shown, to restrain such 

11 a violation or denial. 

12 ‘‘(n) PERSONNEL FILES.— 

13 ‘‘(1) Except for administrative purposes and 

14 purposes of departmental evaluation, personnel files 

15 of law enforcement officers shall be sealed. Informa16 tion contained in a law enforcement officer’s per17 sonnel file shall be considered privileged. 

18 ‘‘(2)(A) Except as provided in subparagraph 

19 (B), no law enforcement officer shall have any com20 ment adverse to his interest entered in his personnel 

21 file, or any other file used for any personnel pur22 poses by his employer, without the law enforcement 

23 officer having first read and signed the instrument 

24 containing the adverse comment, indicating that he 

25 or she is aware of such comment. 


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1 ‘‘(B) If a law enforcement officer refuses to 

2 read or sign an instrument as described in subpara3 graph (A), the officer’s refusal shall be noted in 

4 writing on the instrument, the instrument shall be 

5 signed or initialed by another officer who witnessed 

6 the law enforcement officer’s refusal, and the instru7 ment shall be entered in the appropriate personnel 

8 or other file. 

9 ‘‘(3) A law enforcement officer shall have 30 

10 days within which to file a written response to any 

11 adverse comment entered in his personnel file. Such 

12 written response shall be attached to, and shall ac13 company, the adverse comment, and shall be avail14 able for the purpose of any review or possible ap15 peal. 

16 ‘‘(4) Every law enforcement department shall, 

17 upon the request of a law enforcement officer, per18 mit the officer to inspect personnel files that are 

19 used or have been used to determine the officer’s 

20 qualifications for employment, evaluation, pro21 motion, additional compensation, or termination or 

22 other disciplinary action. Such inspection shall be 

23 permitted during usual business hours, with no loss 

24 of compensation to the officer. 


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1 ‘‘(5) Each employer shall keep each law en2 forcement officer’s personnel file or a true and cor3 rect copy thereof as long as the officer is still an ac4 tive employee of the employer, and shall make the 

5 file or copy thereof available within a twenty-four 

6 hour period of time after a request therefore by the 

7 officer. 

8 ‘‘(6) If, after a law enforcement officer has ex9 amined his or her personnel file, the officer believes 

10 that any portion of the material is mistakenly or un11 lawfully placed in the file, the officer may request, 

12 in writing, that the mistaken or unlawful portion be 

13 corrected or deleted. Any request made pursuant to 

14 this paragraph shall include a statement by the offi15 cer describing the corrections or deletions requested 

16 and the reasons supporting those corrections or dele17 tions. A statement submitted pursuant to this para18 graph shall become part of the personnel file of the 

19 officer. 

20 ‘‘(7) Within 30 days after receipt of a request 

21 under paragraph (6), the employer shall either grant 

22 the officer’s request or notify the officer of the deci23 sion to deny the request. If the employer denies the 

24 request, in whole or in part, the employer shall pro25 vide to the officer, in writing, the reasons for denyVerDate Nov 24 2008 00:33 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H1972.IH H1972

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1 ing the request, and that written statement shall be2 come part of the personnel file of the officer. 

3 ‘‘(8) A law enforcement officer shall not have 

4 access to information in the personnel records of the 

5 officer if the information— 

6 ‘‘(A) relates to the investigation of alleged 

7 conduct that, if proven, would constitute or 

8 have constituted a definite violation of a statute 

9 providing for criminal penalties, but as to which 

10 no formal charge was brought; 

11 ‘‘(B) contains letters of reference for the 

12 officer; 

13 ‘‘(C) contains any portion of a test docu14 ment other than the results; 

15 ‘‘(i) is of a personal nature about another 

16 officer, and if disclosure of that information in 

17 nonredacted form would constitute a clearly un18 warranted intrusion into the privacy rights of 

19 that other officer; or 

20 ‘‘(D) is relevant to any pending claim 

21 brought by or on behalf of the officer against 

22 the employing agency of that officer that may 

23 be discovered in any judicial or administrative 

24 proceeding between the officer and the employer 

25 of that officer. 


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1 ‘‘(o) PROTECTION OF PERSONAL RECORDS AND PER2 SONAL PROPERTY.— 

3 ‘‘(1) No law enforcement officer shall be re4 quired as a condition of employment by his or her 

5 employing law enforcement department or other 

6 public agency to consent to the use of his or her 

7 photograph or identity as a law enforcement officer 

8 on the Internet for any purpose if that officer rea9 sonably believes that the disclosure may result in 

10 threat, harassment, intimidation, or harm to that of11 ficer or his or her family. 

12 ‘‘(2) For purposes of job assignment or other 

13 personnel action, no law enforcement officer shall be 

14 required or requested to disclose any item of his 

15 property, income, assets, source of income, debts, or 

16 personal or domestic expenditures (including those 

17 of any member of his family or household) unless 

18 such information— 

19 ‘‘(A) is obtained or required under State 

20 law or proper legal procedure; 

21 ‘‘(B) tends to indicate a conflict of interest 

22 with respect to the performance of the officer’s 

23 official duties; or 

24 ‘‘(C) is necessary for the employing agency 

25 to ascertain the desirability of assigning the law 


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1 enforcement officer to a specialized unit in 

2 which there is a strong possibility that bribes or 

3 other improper inducements may be offered. 

4 ‘‘(3) No law enforcement department shall deny 

5 or refuse to any law enforcement officer the rights 

6 and protections guaranteed to the officer by this sec7 tion. 

8 ‘‘(p) COURT OF JURISDICTION; JUDICIAL ENFORCE9 MENT.— 

10 ‘‘(1) The appropriate State court in the State 

11 in which a law enforcement department is located 

12 shall have original jurisdiction over any proceeding 

13 brought by any law enforcement officer against any 

14 law enforcement department for alleged violations of 

15 this section. Nothing in this subsection shall be con16 strued, by reason of a claim arising under this sec17 tion, to deny to the courts of the United States sup18 plemental jurisdiction over any Federal law claim for 

19 which such courts have jurisdiction under section 

20 1367 of title 28, United States Code, or any other 

21 provision of law. 

22 ‘‘(2) In any case where the court finds that a 

23 law enforcement department has violated any of the 

24 provisions of this section, the court shall render ap25 propriate injunctive or other relief to remedy the vioVerDate Nov 24 2008 00:33 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1972.IH H1972

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1 lation and to prevent future violations of a like or 

2 similar nature, including the granting of a tem3 porary restraining order, preliminary, or permanent 

4 injunction prohibiting the law enforcement depart5 ment from taking any disciplinary action against the 

6 law enforcement officer, attorney fees, and any other 

7 remedies deemed appropriate by the court. 

8 ‘‘(3) If the court finds that a bad faith or frivo9 lous denial of rights, or a malicious filing for an im10 proper purpose, has been brought pursuant to this 

11 section, the court may order sanctions against the 

12 offending party, the party’s attorney, or both. Such 

13 sanctions may include reasonable expenses incurred 

14 by the opposing party (including attorney’s fees), as 

15 the court deems appropriate. Nothing in this para16 graph is intended to subject actions or filings under 

17 this section to rules or standards that are different 

18 from those applicable to other civil actions or filings. 

19 Any law enforcement department which has adopted, 

20 through the action of its governing body or its offi21 cial designee, any procedure which provides to law 

22 enforcement officers, at a minimum, the same rights 

23 and protections as provided pursuant to this section 

24 shall not be subject to this section with regard to 

25 such a procedure. 


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1 ‘‘(4) Nothing in this section shall in any way be 

2 construed to limit the use of any public safety agen3 cy or any law enforcement officer in the fulfilling of 

4 mutual aid agreements with other jurisdictions or 

5 agencies, nor shall this section be construed in any 

6 way to limit any jurisdictional or interagency co7 operation under any circumstances where such activ8 ity is deemed necessary or desirable by the jurisdic9 tions or the agencies involved. 

10 ‘‘(q) LAW ENFORCEMENT AGENCIES RIGHT TO PRO11 TECT CRIME SCENES.— 

12 ‘‘(1) Every law enforcement agency is entitled 

13 to protect the integrity of their crime scene inves14 tigation. 

15 ‘‘(2) A law enforcement agency has the right, 

16 when a law enforcement officer’s attorney is present, 

17 to prohibit the officer and attorney from entering 

18 the actual crime scene so that evidence is not dis19 turbed. 

20 ‘‘(r) STATES’ RIGHTS.—Nothing in this section may 

21 be construed— 

22 ‘‘(1) to preempt any State or local law, or any 

23 provision of a State or local law, in effect on the 

24 date of enactment of the Law Enforcement Officer’s 

25 Procedural Bill of Rights Act of 2009, that confers 


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1 a right or a protection that equals or exceeds the 

2 right or protection afforded by this section; or 

3 ‘‘(2) to prohibit the enactment of any State or 

4 local law that confers a right or protection that 

5 equals or exceeds a right or protection afforded by 

6 this section. 

7 ‘‘(s) COLLECTIVE BARGAINING AGREEMENTS.— 

8 Nothing in this section may be construed to— 

9 ‘‘(1) preempt any provision in a mutually 

10 agreed-upon collective bargaining agreement, in ef11 fect on the date of enactment of the Law Enforce12 ment Officer’s Procedural Bill of Rights Act of 

13 2009, that provides for substantially the same or a 

14 greater right or protection afforded under this sec15 tion; or 

16 ‘‘(2) prohibit the negotiation of any additional 

17 right or protection for an officer who is subject to 

18 any collective bargaining agreement.’’. 

19 SEC. 4. PROHIBITION OF FEDERAL CONTROL OVER STATE 

20 AND LOCAL CRIMINAL JUSTICE AGENCIES. 

21 Nothing in this Act shall be construed to authorize 

22 any department, agency, officer, or employee of the United 

23 States to exercise any direction, supervision, or control of 

24 any police force or any criminal justice agency of any 

25 State or any political subdivision thereof. 


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1 SEC. 5. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 with respect to each State on the earlier of— 

4 (1) the date that is 2 years after the date of en5 actment of this Act; or 

6 (2) the last day of the second legislative session 

7 of the State that begins on or after the date of en8 actment of this Act. 

Æ 


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