I
105TH CONGRESS
1ST SESSION
H. R. 350
To amend title I of the Omnibus Crime Control and Safe Streets Act of
1968 to encourage States to enact a Law Enforcement Officers’ Bill
of Rights, to provide standards and protection for the conduct of internal
police investigations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. STUPAK introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to encourage States to enact a
Law Enforcement Officers’ Bill of Rights, to provide
standards and protection for the conduct of internal po-
lice investigations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Law Enforcement
Officers’ Bill of Rights Act of 1997’’.
SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.
(a) IN GENERAL.—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 follow-
ing new section:
‘‘RIGHTS OF LAW ENFORCEMENT OFFICERS
‘‘SEC. 819. (a) DEFINITIONS.—In this section—
‘‘ ‘disciplinary action’ means the suspension, de-
motion, reduction in pay or other employment bene-
fit, dismissal, transfer, or similar action taken
against a law enforcement officer as punishment for
misconduct.
‘‘ ‘disciplinary hearing’ means an administrative
hearing initiated by a law enforcement agency
against a law enforcement officer, based on probable
cause to believe that the officer has violated or is
violating a rule, regulation, or procedure related to
service as an officer and is subject to disciplinary
action.
‘‘ ‘emergency suspension’ means temporary ac-
tion imposed by the head of the law enforcement
agency when that official determines that there is
probable cause to believe that a law enforcement
officer—
‘‘(A) has committed a felony; or
‘‘(B) poses an immediate threat to the
safety of the officer or others or the property
of others.
‘‘ ‘investigation’—
‘‘(A) means the action of a law enforce-
ment agency, acting alone or in cooperation
with another agency, or a division or unit with-
in an agency, or the action of an individual law
enforcement officer, taken with regard to an-
other enforcement officer, if such action is
based on reasonable suspicion that the law en-
forcement officer has violated, is violating, or
will in the future violate a statute or ordinance,
or administrative rule, regulation, or procedure
relating to service as a law enforcement officer;
and
‘‘(B) includes—
‘‘(i) asking questions of other law en-
forcement officers or nonlaw enforcement
officers;
‘‘(ii) conducting observations;
‘‘(iii) evaluating reports, records, or
other documents; and
‘‘(iv) examining physical evidence.
‘‘ ‘law enforcement agency’ means a State or
local public agency charged by law with the duty to
prevent or investigate crimes or apprehend or hold
in custody persons charged with or convicted of
crimes.
‘‘ ‘law enforcement officer’ and ‘officer’—
‘‘(A) mean a member of a law enforcement
agency serving in a law enforcement position,
which is usually indicated by formal training
(regardless of whether the officer has completed
or been assigned to such training) and usually
accompanied by the power to make arrests; and
‘‘(B) include—
‘‘(i) a member who serves full time,
whether probationary or nonprobationary,
commissioned or noncommissioned, career
or noncareer, tenured or nontenured, and
merit or nonmerit; and
‘‘(ii) the chief law enforcement officer
of a law enforcement agency.
‘‘ ‘summary punishment’ means punishment im-
posed for a minor violation of a law enforcement
agency’s rules and regulations that does not result
in suspension, demotion, reduction in pay or other
employment benefit, dismissal, or transfer.
‘‘(b) APPLICATION OF SECTION.—
‘‘(1) IN
GENERAL.—This section sets forth
rights that shall be afforded a law enforcement offi-
cer who is the subject of an investigation.
‘‘(2) NONAPPLICABILITY.—This section does
not apply in the case of—
‘‘(A) a criminal investigation of a law en-
forcement officer’s conduct; or
‘‘(B) a nondisciplinary action taken in
good faith on the basis of a law enforcement of-
ficer’s employment related performance.
‘‘(c) POLITICAL ACTIVITY.—Except when on duty or
acting in an official capacity, no law enforcement officer
shall be prohibited from engaging in political activity or
be denied the right to refrain from engaging in such activ-
ity.
‘‘(d) RIGHTS
OF LAW ENFORCEMENT OFFICERS
WHILE UNDER INVESTIGATION.—When a law enforce-
ment officer is under investigation that could lead to dis-
ciplinary action, the following minimum standards shall
apply:
‘‘(1) NOTICE OF INVESTIGATION.—A law en-
forcement officer shall be notified of the investiga-
tion prior to being interviewed. Notice shall include
the general nature and scope of the investigation
and all departmental violations for which reasonable
suspicion exists. No investigation based on a com-
plaint from outside the law enforcement agency may
commence unless the complainant provides a signed
detailed statement. An investigation based on a com-
plaint from outside the agency shall commence with-
in 15 days after receipt of the complaint by the
agency.
‘‘(2) NOTICE OF PROPOSED FINDINGS AND REC-
OMMENDATION.—At the conclusion of the investiga-
tion, the person in charge of the investigation shall
inform the law enforcement officer under investiga-
tion, in writing, of the investigative findings and any
recommendation for disciplinary action that the per-
son intends to make.
‘‘(e) RIGHTS
OF LAW ENFORCEMENT OFFICERS
PRIOR TO AND DURING QUESTIONING.—When a law en-
forcement officer is subjected to questioning that could
lead to disciplinary action, the following minimum stand-
ards shall apply:
‘‘(1) REASONABLE HOURS.—Questioning of a
law enforcement officer shall be conducted at a rea-
sonable hour, preferably when the law enforcement
officer is on duty, unless exigent circumstances oth-
erwise require.
‘‘(2) PLACE OF QUESTIONING.—Questioning of
the law enforcement officer shall take place at the
offices of the persons who are conducting the inves-
tigation or the place where the law enforcement offi-
cer reports for duty, unless the officer consents in
writing to being questioned elsewhere.
‘‘(3) IDENTIFICATION
OF
QUESTIONER.—The
law enforcement officer under investigation shall be
informed, at the commencement of any questioning,
of the name, rank, and command of the officer con-
ducting the questioning.
‘‘(4) SINGLE QUESTIONER.—During any single
period of questioning of the law enforcement officer,
all questions shall be asked by or through a single
investigator.
‘‘(5) NOTICE OF NATURE OF INVESTIGATION.—
The law enforcement officer under investigation
shall be informed in writing of the nature of the in-
vestigation prior to any questioning.
‘‘(6) REASONABLE TIME PERIOD.—Any ques-
tioning of a law enforcement officer in connection
with an investigation shall be for a reasonable period
of time and shall allow for reasonable periods for the
rest and personal necessities of the law enforcement
officer.
‘‘(7) NO
THREATS
OR
PROMISES.—Threats
against, harassment of, or promise of reward shall
not be made in connection with an investigation to
induce the answering of any question. No statement
given by the officer may be used in a subsequent
criminal proceeding unless the officer has received a
written grant of use and derivative use immunity or
transactional immunity.
‘‘(8) RECORDATION.—All questioning of any
law enforcement officer in connection with the inves-
tigation shall be recorded in full, in writing or by
electronic device, and a copy of the transcript shall
be made available to the officer under investigation.
‘‘(9) COUNSEL.—The law enforcement officer
under investigation shall be entitled to counsel (or
any other one person of the officer’s choice) at any
questioning of the officer, unless the officer consents
in writing to being questioned outside the presence
of counsel.
‘‘(f) DISCIPLINARY HEARING.—
‘‘(1) NOTICE
OF
OPPORTUNITY
FOR
HEAR-
ING.—Except in a case of summary punishment or
emergency suspension described in subsection (h), if
an investigation of a law enforcement officer results
in a recommendation of disciplinary action, the law
under investigation unless waived in writing by
the officer.
‘‘(B) The name and mailing address of the
hearing officer.
‘‘(C) The name, rank, and command of the
prosecutor, if a law enforcement officer, or the
name, position, and mailing address of the
prosecutor, if not a law enforcement officer.
‘‘(5) REPRESENTATION.—During a disciplinary
hearing an officer shall be entitled to be represented
by counsel or nonattorney representative.
‘‘(6) HEARING BOARD AND PROCEDURE.—(A)
A State shall determine the composition of a discipli-
nary hearing board and the procedures for a discipli-
nary hearing.
‘‘(B) A disciplinary hearing board that includes
employees of the law enforcement agency of which
the officer who is the subject of the hearing is a
member shall include at least 1 law enforcement offi-
cer of equal or lesser rank to the officer who is the
subject of the hearing.
‘‘(7) ACCESS
TO
EVIDENCE.—A law enforce-
ment officer who is brought before a disciplinary
hearing board shall be provided access to all tran-
scripts, records, written statements, written reports,
analyses, and electronically recorded information
pertinent to the case that—
‘‘(A) contain exculpatory information;
‘‘(B) are intended to support any discipli-
nary action; or 
‘‘(C) are to be introduced in the discipli-
nary hearing.
‘‘(8) IDENTIFICATION
OF
WITNESSES.—The
disciplinary advocate for the law enforcement agency
of which the officer who is the subject of the hearing
is a member shall notify the law enforcement officer,
or his attorney if he is represented by counsel, not
later than 15 days prior to the hearing, of the name
and addresses of all witnesses for the law enforce-
ment agency.
‘‘(9) COPY OF INVESTIGATIVE FILE.—The dis-
ciplinary advocate for the law enforcement agency of
which the officer who is the subject of the hearing
is a member shall provide to the law enforcement of-
ficer, at the law enforcement officer’s request, not
later than 15 days prior to the hearing, a copy of
the investigative file, including all exculpatory and
inculpatory information but excluding confidential
sources.
‘‘(10) 
EXAMINATION
OF
PHYSICAL
EVI-
DENCE.—The disciplinary advocate for the law en-
forcement agency of which the officer who is the
subject of the hearing is a member shall notify the
law enforcement officer, at the officer’s request, not
later than 15 days prior to the hearing, of all phys-
ical, nondocumentary evidence, and provide reason-
able date, time, place, and manner for the officer to
examine such evidence at least 10 days prior to the
hearing.
‘‘(11) SUMMONSES.—The hearing board shall
have the power to issue summonses to compel testi-
mony of witnesses and production of documentary
evidence. If confronted with a failure to comply with
a summons, the hearing officer or board may peti-
tion a court to issue an order, with failure to comply
being subject to contempt of court. 
‘‘(12) CLOSED HEARING.—A disciplinary hear-
ing shall be closed to the public unless the law en-
forcement officer who is the subject of the hearing
requests, in writing, that the hearing be open to
specified individuals or the general public.
‘‘(13) RECORDATION.—All aspects of a discipli-
nary hearing, including prehearing motions, shall be
recorded by audio tape, video tape, or transcription.
‘‘(14) SEQUESTRATION OF WITNESSES.—Either
side in a disciplinary hearing may move for and be
entitled to sequestration of witnesses.
‘‘(15) TESTIMONY UNDER OATH.—The hearing
officer or board shall administer an oath or affirma-
tion to each witness, who shall testify subject to the
applicable laws of perjury.
‘‘(16) VERDICT ON EACH CHARGE.—At the con-
clusion of all the evidence, and after oral argument
from both sides, the hearing officer or board shall
deliberate and render a verdict on each charge.
‘‘(17) BURDEN OF PERSUASION.—The prosecu-
tor’s burden of persuasion shall be by clear and con-
vincing evidence as to each charge involving false
representation, fraud, dishonesty, deceit, or criminal
behavior and by a preponderance of the evidence as
to all other charges.
‘‘(18) FINDING OF NOT GUILTY.—If the law en-
forcement officer is found not guilty of the discipli-
nary violations, the matter is concluded and no dis-
ciplinary action may be taken.
‘‘(19) FINDING OF GUILTY.—If the law enforce-
ment officer is found guilty, the hearing officer or
board shall make a written recommendation of a
penalty. The sentencing authority may not impose
greater than the penalty recommended by the hear-
ing officer or board.
‘‘(20) APPEAL.—A law enforcement officer may
appeal from a final decision of a law enforcement
agency to a court to the extent available in any
other administrative proceeding, in accordance with
the applicable State law.
‘‘(g) WAIVER OF RIGHTS.—A law enforcement officer
may waive any of the rights guaranteed by this section
subsequent to the time that the officer has been notified
that the officer is under investigation. Such a waiver shall
be in writing and signed by the officer.
‘‘(h) SUMMARY PUNISHMENT AND EMERGENCY SUS-
PENSION.—
‘‘(1) IN GENERAL.—This section does not pre-
clude a State from providing for summary punish-
ment or emergency suspension.
‘‘(2) HEALTH BENEFITS.—An emergency sus-
pension shall not affect or infringe on the health
benefits of a law enforcement officer or the officer’s
dependents.
‘‘(i) RETALIATION FOR EXERCISING RIGHTS.—There
shall be no penalty or threat of penalty against a law en-
forcement officer for the exercise of the officer’s rights
under this section.
‘‘(j) OTHER REMEDIES NOT IMPAIRED.—Nothing in
this section shall be construed to impair any other legal
right or remedy that a law enforcement officer may have
as a result of a constitution, statute, ordinance, regula-
tion, collective bargaining agreement or other sources of
rights.
‘‘(k) DECLARATORY OR INJUNCTIVE RELIEF.—A law
enforcement officer who is being denied any right afforded
by this section may petition a State court for declaratory
or injunctive relief to prohibit the law enforcement agency
from violating such right.
‘‘(l) PROHIBITION OF ADVERSE MATERIAL IN OFFI-
CER’S FILE.—A law enforcement agency shall not insert
any adverse material into the file of any law enforcement
officer, or possess or maintain control over any adverse
material in any form within the law enforcement agency,
unless the officer has had an opportunity to review and
comment in writing on the adverse material.
‘‘(m) DISCLOSURE OF PERSONAL ASSETS.—A law
enforcement officer shall not be required or requested to
disclose any item of the officer’s personal property, in-
come, assets, sources of income, debts, personal or domes-
tic expenditures (including those of any member of the of-
ficer’s household), unless—
‘‘(1) the information is necessary to the inves-
tigation of a violation of any Federal, State, or local
law, rule, or regulation with respect to the perform-
ance of official duties; and
‘‘(2) such disclosure is required by Federal,
State, or local law.
‘‘(n) STATES’ RIGHTS.—This section does not pre-
empt State laws in effect on the date of enactment of this
Act that confer rights that equal or exceed the rights and
coverage afforded by this section. This section shall not
be a bar to the enactment of a police officer’s bill of rights,
or similar legislation, by any State. A State law which con-
fers fewer rights or provides less protection than this sec-
tion shall be preempted by this section.
‘‘(o) MUTUALLY AGREED UPON COLLECTIVE BAR-
GAINING AGREEMENTS.—This section does not preempt
existing mutually agreed upon collective bargaining agree-
ments in effect on the date of enactment of this Act that
are substantially similar to the rights and coverage af-
forded under this section.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. preceding 3701) is amended by
inserting after the item relating to section 818 the follow-
ing new item:
‘‘Sec. 819. Rights of law enforcement officers.’’.
Æ