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 ‘‘State and Local Law 
Enforcement Discipline, Accountability, and Due Process 
Act of 2011’’. 
SEC. 2. FINDINGS AND DECLARATION OF PURPOSE AND 
POLICY. 
(a) FINDINGS.—Congress finds that— 
(1) the rights of law enforcement officers to en-
gage in political activity or to refrain from engaging 
in political activity, except when on duty, or to run 
as candidates for public office, unless such service is 
found to be in conflict with their service as officers, 
are activities protected by the First Amendment of 
the United States Constitution, as applied to the 
States through the 14th Amendment of the United 
States Constitution, but these rights are often vio-
lated by the management of State and local law en-
forcement agencies; 
(2) a significant lack of due process rights of 
law enforcement officers during internal investiga-
tions and disciplinary proceedings has resulted in a 
loss of confidence in these processes by many law 
enforcement officers, including those unfairly tar-
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geted for their labor organization activities or for 
their aggressive enforcement of the laws, demor-
alizing many rank and file officers in communities 
and States; 
(3) unfair treatment of officers has potentially 
serious long-term consequences for law enforcement 
by potentially deterring or otherwise preventing offi-
cers from carrying out their duties and responsibil-
ities effectively and fairly; 
(4) the lack of labor-management cooperation 
in disciplinary matters and either the perception or 
the actuality that officers are not treated fairly det-
rimentally impacts the recruitment of and retention 
of effective officers, as potential officers and experi-
enced officers seek other careers which has serious 
implications and repercussions for officer morale, 
public safety, and labor-management relations and 
strife and can affect interstate and intrastate com-
merce, interfering with the normal flow of com-
merce; 
(5) there are serious implications for the public 
safety of the citizens and residents of the United 
States which threatens the domestic tranquility of 
the United States because of a lack of statutory pro-
tections to ensure— 
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(A) the due process and political rights of 
law enforcement officers; 
(B) fair and thorough internal investiga-
tions and interrogations of and disciplinary pro-
ceedings against law enforcement officers; and 
(C) effective procedures for receipt, review, 
and investigation of complaints against officers, 
fair to both officers and complainants; and 
(6) resolving these disputes and problems and 
preventing the disruption of vital police services is 
essential to the well-being of the United States and 
the domestic tranquility of the Nation. 
(b) DECLARATION OF POLICY.—Congress declares 
that it is the purpose of this Act and the policy of the 
United States to— 
(1) protect the due process and political rights 
of State and local law enforcement officers and en-
sure equality and fairness of treatment among such 
officers; 
(2) provide continued police protection to the 
general public; 
(3) provide for the general welfare and ensure 
domestic tranquility; and 
(4) prevent any impediments to the free flow of 
commerce, under the rights guaranteed under the 
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United States Constitution and Congress authority 
thereunder. 
SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS 
OF OFFICERS. 
The Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3781 et seq.) is amended— 
(1) by redesignating part JJ, as added by sec-
tion 952 of Public Law 110–315 (relating to Loan 
Repayment for Prosecutors and Public Defenders), 
as part LL, and moving such part so that such part 
follows part KK; 
(2) in part LL, as so redesignated and moved 
by paragraph (1), by redesignating section 3001 as 
section 3021; and 
(3) by adding at the end the following new part: 
‘‘PART MM—DISCIPLINE, ACCOUNTABILITY, AND 
DUE PROCESS OF STATE AND LOCAL LAW 
ENFORCEMENT OFFICERS 
‘‘SEC. 3031. DISCIPLINE, ACCOUNTABILITY, AND DUE PROC-
ESS OF STATE AND LOCAL LAW ENFORCE-
MENT OFFICERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISCIPLINARY
ACTION.—The term ‘dis-
ciplinary action’ means any adverse personnel action, 
including suspension, reduction in pay, rank, or 
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other employment benefit, dismissal, involuntary 
transfer, reassignment, unreasonable denial of sec-
ondary employment, or similar punitive action taken 
against a law enforcement officer. 
‘‘(2) DISCIPLINARY HEARING.—The term ‘dis-
ciplinary hearing’ means an administrative hearing 
initiated by a law enforcement agency against a law 
enforcement officer based on an alleged violation of 
law that, if proven, would subject the law enforce-
ment officer to disciplinary action. 
‘‘(3) EMERGENCY
SUSPENSION.—The term 
‘emergency suspension’ means the temporary action 
by a law enforcement agency of relieving a law en-
forcement officer from the active performance of law 
enforcement duties without a reduction in pay or 
benefits when the law enforcement agency, or an of-
ficial within that agency, determines that there is 
probable cause, based upon the conduct of the law 
enforcement officer, to believe that the law enforce-
ment officer poses an immediate threat to the safety 
of that officer, other persons, or the property of 
other persons. 
‘‘(4) INVESTIGATION.—The term ‘investiga-
tion’— 
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‘‘(A) means an action taken to determine 
whether a law enforcement officer violated a 
law by a public agency or a person employed by 
a public agency, acting alone or in cooperation 
with or at the direction of another agency, or 
a division or unit within another agency, re-
gardless of a denial by such an agency that any 
such action is not an investigation; and 
‘‘(B) includes— 
‘‘(i) asking questions of any other law 
enforcement officer or non-law enforcement 
officer; 
‘‘(ii) conducting observations; 
‘‘(iii) reviewing and evaluating re-
ports, records, or other documents; and 
‘‘(iv) examining physical evidence. 
‘‘(5) LAW ENFORCEMENT OFFICER.—The terms 
‘law enforcement officer’ and ‘officer’ have the 
meaning given the term ‘law enforcement officer’ in 
section 1204, except that such terms do not include 
a law enforcement officer employed by the United 
States, or any department, agency, or instrumen-
tality thereof. 
‘‘(6) PERSONNEL
RECORD.—The term ‘per-
sonnel record’ means any document, whether in writ-
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ten or electronic form and irrespective of location, 
that has been or may be used in determining the 
qualifications of a law enforcement officer for em-
ployment, promotion, transfer, additional compensa-
tion, termination, or any other disciplinary action. 
‘‘(7) PUBLIC AGENCY AND LAW ENFORCEMENT 
AGENCY.—The terms ‘public agency’ and ‘law en-
forcement agency’ have the meaning given the term 
‘public agency’ in section 1204, except that such 
terms do not include the United States, or any de-
partment, agency, or instrumentality thereof. 
‘‘(8) SUMMARY PUNISHMENT.—The term ‘sum-
mary punishment’ means punishment imposed for a 
violation of law— 
‘‘(A) that does not result in any discipli-
nary action; or 
‘‘(B) that has been negotiated and agreed 
upon by the law enforcement agency and the 
law enforcement officer, based upon a written 
waiver by the officer of the rights of that officer 
under subsection (i) and any other applicable 
law or constitutional provision, after consulta-
tion with the counsel or representative of that 
officer. 
‘‘(b) APPLICABILITY.— 
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‘‘(1) IN GENERAL.—This section sets forth the 
due process rights, including procedures, that shall 
be afforded a law enforcement officer who is the 
subject of an investigation or disciplinary hearing. 
‘‘(2) NONAPPLICABILITY.—This section does 
not apply in the case of— 
‘‘(A) an investigation of specifically alleged 
conduct by a law enforcement officer that, if 
proven, would constitute a violation of a statute 
providing for criminal penalties; or 
‘‘(B) a nondisciplinary action taken in 
good faith on the basis of the employment re-
lated performance of a law enforcement officer. 
‘‘(c) POLITICAL ACTIVITY.— 
‘‘(1) RIGHT TO ENGAGE OR NOT TO ENGAGE IN 
POLITICAL ACTIVITY.—Except when on duty or act-
ing in an official capacity, a law enforcement officer 
shall not be prohibited from engaging in political ac-
tivity or be denied the right to refrain from engaging 
in political activity. 
‘‘(2) RIGHT TO RUN FOR ELECTIVE OFFICE.— 
A law enforcement officer shall not be— 
‘‘(A) prohibited from being a candidate for 
an elective office or from serving in such an 
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elective office, solely because of the status of 
the officer as a law enforcement officer; or 
‘‘(B) required to resign or take an unpaid 
leave from employment with a law enforcement 
agency to be a candidate for an elective office 
or to serve in an elective office, unless such 
service is determined to be in conflict with or 
incompatible with service as a law enforcement 
officer. 
‘‘(3) ADVERSE PERSONNEL ACTION.—An action 
by a public agency against a law enforcement officer, 
including requiring the officer to take unpaid leave 
from employment, in violation of this subsection 
shall be considered an adverse personnel action with-
in the meaning of subsection (a)(1). 
‘‘(d) EFFECTIVE PROCEDURES FOR RECEIPT, RE-
VIEW, AND INVESTIGATION
OF COMPLAINTS AGAINST 
LAW ENFORCEMENT OFFICERS.— 
‘‘(1) COMPLAINT PROCESS.—Not later than 1 
year after the effective date of this section, each law 
enforcement agency shall adopt and comply with a 
written complaint procedure that— 
‘‘(A) authorizes persons from outside the 
law enforcement agency to submit written com-
plaints about a law enforcement officer to— 
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‘‘(i) the law enforcement agency em-
ploying the law enforcement officer; or 
‘‘(ii) any other law enforcement agen-
cy charged with investigating such com-
plaints; 
‘‘(B) sets forth the procedures for the in-
vestigation and disposition of such complaints; 
‘‘(C) provides for public access to required 
forms and other information concerning the 
submission and disposition of written com-
plaints; and 
‘‘(D) requires notification to the complain-
ant in writing of the final disposition of the 
complaint and the reasons for such disposition. 
‘‘(2) INITIATION OF AN INVESTIGATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an investigation based on a 
complaint from outside the law enforcement 
agency shall commence not later than 15 days 
after the receipt of the complaint by— 
‘‘(i) the law enforcement agency em-
ploying the law enforcement officer against 
whom the complaint has been made; or 
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‘‘(ii) any other law enforcement agen-
cy charged with investigating such a com-
plaint. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply if— 
‘‘(i) the law enforcement agency deter-
mines from the face of the complaint that 
each allegation does not constitute a viola-
tion of law; or 
‘‘(ii) the complainant fails to comply 
substantially with the complaint procedure 
of the law enforcement agency established 
under this section. 
‘‘(3) COMPLAINANT
OR
VICTIM
CONFLICT
OF 
INTEREST.—The complainant or victim of the al-
leged violation of law giving rise to an investigation 
under this subsection may not conduct or supervise 
the investigation or serve as an investigator. 
‘‘(e) NOTICE OF INVESTIGATION.— 
‘‘(1) IN GENERAL.—Any law enforcement offi-
cer who is the subject of an investigation shall be 
notified of the investigation 24 hours before the 
commencement of questioning or to otherwise being 
required to provide information to an investigating 
agency. 
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‘‘(2) CONTENTS
OF
NOTICE.—Notice given 
under paragraph (1) shall include— 
‘‘(A) the nature and scope of the investiga-
tion; 
‘‘(B) a description of any allegation con-
tained in a written complaint; 
‘‘(C) a description of each violation of law 
alleged in the complaint for which suspicion ex-
ists that the officer may have engaged in con-
duct that may subject the officer to disciplinary 
action; and 
‘‘(D) the name, rank, and command of the 
officer or any other individual who will be con-
ducting the investigation. 
‘‘(f) RIGHTS
OF LAW ENFORCEMENT OFFICERS 
PRIOR TO AND DURING QUESTIONING INCIDENTAL TO AN 
INVESTIGATION.—If a law enforcement officer is subjected 
to questioning incidental to an investigation that may re-
sult in disciplinary action against the officer, the following 
minimum safeguards shall apply: 
‘‘(1) COUNSEL AND REPRESENTATION.— 
‘‘(A) IN GENERAL.—Any law enforcement 
officer under investigation shall be entitled to 
effective counsel by an attorney or representa-
tion by any other person who the officer choos-
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under investigation, each question shall be asked by 
or through 1 individual. 
‘‘(6) REASONABLE
TIME
PERIOD.—Any ques-
tioning of a law enforcement officer under investiga-
tion shall be for a reasonable period of time and 
shall allow reasonable periods for the rest and per-
sonal necessities of the officer and the counsel or 
representative of the officer, if such person is 
present. 
‘‘(7) NO
THREATS, FALSE
STATEMENTS, OR 
PROMISES TO BE MADE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no threat against, false or 
misleading statement to, harassment of, or 
promise of reward to a law enforcement officer 
under investigation shall be made to induce the 
officer to answer any question, give any state-
ment, or otherwise provide information. 
‘‘(B) EXCEPTION.—The law enforcement 
agency employing a law enforcement officer 
under investigation may require the officer to 
make a statement relating to the investigation 
by explicitly threatening disciplinary action, in-
cluding termination, only if— 
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‘‘(i) the officer has received a written 
grant of use and derivative use immunity 
or transactional immunity by a person au-
thorized to grant such immunity; and 
‘‘(ii) the statement given by the law 
enforcement officer under such an immu-
nity may not be used in any subsequent 
criminal proceeding against that officer. 
‘‘(8) RECORDING.— 
‘‘(A) IN GENERAL.—All questioning of a 
law enforcement officer under an investigation 
shall be recorded in full, in writing or by elec-
tronic device, and a copy of the transcript shall 
be provided to the officer under investigation 
before any subsequent period of questioning or 
the filing of any charge against that officer. 
‘‘(B) SEPARATE
RECORDING.—To ensure 
the accuracy of the recording, an officer may 
utilize a separate electronic recording device, 
and a copy of any such recording (or the tran-
script) shall be provided to the public agency 
conducting the questioning, if that agency so 
requests. 
‘‘(9) USE OF HONESTY TESTING DEVICES PRO-
HIBITED.—No law enforcement officer under inves-
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tigation may be compelled to submit to the use of 
a lie detector, as defined in section 2 of the Em-
ployee Polygraph Protection Act of 1988 (29 U.S.C. 
2001). 
‘‘(g) NOTICE OF INVESTIGATIVE FINDINGS AND DIS-
CIPLINARY RECOMMENDATION
AND OPPORTUNITY TO 
SUBMIT A WRITTEN RESPONSE.— 
‘‘(1) NOTICE.—Not later than 30 days after the 
conclusion of an investigation under this section, the 
person in charge of the investigation or the designee 
of that person shall notify the law enforcement offi-
cer who was the subject of the investigation, in writ-
ing, of the investigative findings and any rec-
ommendations for disciplinary action. 
‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE-
SPONSE.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after receipt of a notification under para-
graph (1), and before the filing of any charge 
seeking the discipline of such officer or the 
commencement of any disciplinary proceeding 
under subsection (h), the law enforcement offi-
cer who was the subject of the investigation 
may submit a written response to the findings 
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and recommendations included in the notifica-
tion. 
‘‘(B) CONTENTS OF RESPONSE.—The re-
sponse submitted under subparagraph (A) may 
include references to additional documents, 
physical objects, witnesses, or any other infor-
mation that the law enforcement officer believes 
may provide exculpatory evidence. 
‘‘(h) DISCIPLINARY HEARING.— 
‘‘(1) NOTICE
OF
OPPORTUNITY
FOR
HEAR-
ING.—Except in a case of summary punishment or 
emergency suspension (subject to subsection (k)), 
before the imposition of any disciplinary action the 
law enforcement agency shall notify the officer that 
the officer is entitled to a due process hearing by an 
independent and impartial hearing officer or board. 
‘‘(2) REQUIREMENT
OF
DETERMINATION
OF 
VIOLATION.—No disciplinary action may be taken 
against a law enforcement officer unless an inde-
pendent and impartial hearing officer or board de-
termines, after a hearing and in accordance with the 
requirements of this subsection, that the law en-
forcement officer committed a violation of law. 
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‘‘(3) TIME LIMIT.—No disciplinary charge may 
be brought against a law enforcement officer un-
less— 
‘‘(A) the charge is filed not later than the 
earlier of— 
‘‘(i) 1 year after the date on which the 
law enforcement agency filing the charge 
had knowledge or reasonably should have 
had knowledge of an alleged violation of 
law; or 
‘‘(ii) 90 days after the commencement 
of an investigation; or 
‘‘(B) the requirements of this paragraph 
are waived in writing by the officer or the coun-
sel or representative of the officer. 
‘‘(4) NOTICE OF HEARING.—Unless waived in 
writing by the officer or the counsel or representa-
tive of the officer, not later than 30 days after the 
filing of a disciplinary charge against a law enforce-
ment officer, the law enforcement agency filing the 
charge shall provide written notification to the law 
enforcement officer who is the subject of the charge, 
of— 
‘‘(A) the date, time, and location of any 
disciplinary hearing, which shall be scheduled in 
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cooperation with the law enforcement officer, or 
the counsel or representative of the officer, and 
which shall take place not earlier than 30 days 
and not later than 60 days after notification of 
the hearing is given to the law enforcement offi-
cer under investigation; 
‘‘(B) the name and mailing address of the 
independent and impartial hearing officer, or 
the names and mailing addresses of the inde-
pendent and impartial hearing board members; 
and 
‘‘(C) the name, rank, command, and ad-
dress of the law enforcement officer prosecuting 
the matter for the law enforcement agency, or 
the name, position, and mailing address of the 
person prosecuting the matter for a public 
agency, if the prosecutor is not a law enforce-
ment officer. 
‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND 
INVESTIGATIVE FILE.—Unless waived in writing by 
the law enforcement officer or the counsel or rep-
resentative of that officer, not later than 15 days be-
fore a disciplinary hearing described in paragraph 
(4)(A), the law enforcement officer shall be provided 
with— 
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