II 

108TH CONGRESS 

1ST SESSION S. 1818

To provide grants to law enforcement agencies that ensure that law enforcement officers employed by such agency are afforded due process when 

involved in a case that may lead to dismissal, demotion, suspension, 

or transfer. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2003

Mr. GRAHAM of South Carolina introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL

To provide grants to law enforcement agencies that ensure 

that law enforcement officers employed by such agency 

are afforded due process when involved in a case that 

may lead to dismissal, demotion, suspension, or transfer.

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 cers Due Process Act of 2003’’. 
2

S 1818 IS 

1 SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS. 

2 (a) PROGRAM AUTHORIZED.—The Attorney General 

3 is authorized to provide grants to law enforcement agen4 cies that are eligible under subsection (b). 

5 (b) ELIGIBILITY.—To be eligible to receive a grant 

6 under this section, a law enforcement agency shall—

7 (1) have in effect an administrative process that 

8 complies with the requirements of subsection (c); or 

9 (2) certify that it will establish, not later than 

10 2 years after the date of enactment of this Act, an 

11 administrative process that complies with the re12 quirements of subsection (c). 

13 (c) OFFICER RIGHTS.—The administrative process 

14 referred to in subsection (b) shall require that a law en15 forcement agency that investigates a law enforcement offi16 cer for matters which could reasonably lead to disciplinary 

17 action against such officer, including dismissal, demotion, 

18 suspension, or transfer provide recourse for the officer 

19 that, at a minimum, includes the following: 

20 (1) ACCESS TO ADMINISTRATIVE PROCESS.—

21 The agency has written procedures to ensure that 

22 any law enforcement officer is afforded access to any 

23 existing administrative process established by the 

24 employing agency prior to the imposition of any such 

25 disciplinary action against the officer. 
3

S 1818 IS 

1 (2) SPECIFIC PROCEDURES.—The procedures 

2 used under paragraph (1) include, the right of a law 

3 enforcement officer under investigation—

4 (A) to a hearing before a fair and impar5 tial board or hearing officer; 

6 (B) to be represented by an attorney or 

7 other officer at the expense of such officer; 

8 (C) to confront any witness testifying 

9 against such officer; and 

10 (D) to record all meetings in which such 

11 officer attends. 

12 (d) IMMEDIATE SUSPENSION.—Nothing in this sec13 tion shall prevent the immediate suspension with pay of 

14 a law enforcement officer—

15 (1) whose continued presence on the job is con16 sidered to be a substantial and immediate threat to 

17 the welfare of the law enforcement agency or the 

18 public; 

19 (2) who refuses to obey a direct order issued in 

20 conformance with the agency’s written and dissemi21 nated rules and regulations; or 

22 (3) who is accused of committing an illegal act. 

23 (e) DISTRIBUTION OF FUNDS.—From the amount 

24 made available to carry out this section, the Attorney Gen25 eral shall allocate—
4

S 1818 IS 

1 (1) 50 percent for law enforcement agencies 

2 that are eligible under paragraph (1) of subsection 

3 (b); and 

4 (2) 50 percent for law enforcement agencies 

5 that are eligible under paragraph (2) of subsection 

6 (b). 

7 (f) REGULATIONS.—The Attorney General may pre8 scribe such regulations as may be necessary to carry out 

9 this section. 

10 (g) DEFINITIONS.—For purposes of this section—

11 (1) the term ‘‘law enforcement agency’’ means 

12 any State or unit of local government within the 

13 State that employs law enforcement officers; and 

14 (2) the term ‘‘law enforcement officer’’ means 

15 an officer with the powers of arrest as defined by 

16 the laws of each State and required to be certified 

17 under the laws of such State. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $10,000,000 for fiscal year 2004 and such sums as may 

21 be necessary for each of the 4 succeeding fiscal years.

Æ