I
103D CONGRESS
2D SESSION
H. R. 4179
To amend title I of the Omnibus Crime Control and Safe Streets Act of
1968 to encourage States to enact Police Officers’ Bills of Rights, to
provide standards and protections for the conduct of internal police
investigations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 12, 1994
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 Police
Officers’ Bills of Rights, to provide standards and protec-
tions for the conduct of internal police 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 ‘‘Police Officers’ Bill
of Rights Act of 1994’’.
SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.
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 thereof the following new
section:
‘‘RIGHTS OF LAW ENFORCEMENT OFFICERS
‘‘SEC. 820. (a) POLITICAL ACTIVITY.—Except when
on duty or acting in an official capacity, no law enforce-
ment officer shall be prohibited from engaging in political
activity or be denied the right to refrain from engaging
in such activity.
‘‘(b) RIGHTS
OF LAW ENFORCEMENT OFFICERS
WHILE UNDER INVESTIGATION.—When a law enforce-
ment officer is under investigation or is subjected to ques-
tioning for any reason, other than in connection with an
investigation or action described in subsection (h), under
circumstances that could lead to disciplinary action, the
following minimum standards shall apply:
‘‘(1) Questioning of the law enforcement officer
shall be conducted at a reasonable hour, preferably
when the law enforcement officer is on duty, unless
exigent circumstances otherwise require.
‘‘(2) Questioning of the law enforcement officer
shall take place at the offices of those conducting
the investigation or the place where such law en-
forcement officer reports for duty unless the officer
consents in writing to being questioned elsewhere.
‘‘(3) The law enforcement officer under inves-
tigation shall be informed, at the commencement of
any questioning, of the name, rank, and command of
the officer conducting the questioning.
‘‘(4) During any single period of questioning of
the law enforcement officer, all questions shall be
asked by or through a single investigator.
‘‘(5) The law enforcement officer under inves-
tigation shall be informed in writing of the nature
of the investigation prior to any questioning.
‘‘(6) Any questioning of a law enforcement offi-
cer in connection with an investigation shall be for
a reasonable period of time and shall allow for rea-
sonable periods for the rest and personal necessities
of the law enforcement officer.
‘‘(7) No threat against, harassment of, or
promise or reward (except an officer of immunity
from prosecution) to any law enforcement officer
shall be made in connection with an investigation to
induce the answering of any question.
‘‘(8) All questioning of any law enforcement of-
ficer in connection with the investigation shall be re-
corded in full in writing or by electronic device, and
a copy of the transcript shall be made available to
the officer under investigation.
‘‘(9) The law enforcement officer under inves-
tigation shall be entitled to the presence of counsel
(or any other one person of the officer’s choice) at
any questioning of the officer, unless the officer con-
sents in writing to being questioned outside the pres-
ence of counsel.
‘‘(10) At the conclusion of the investigation, the
person in charge of the investigation shall inform the
law enforcement officer under investigation, in writ-
ing, of the investigative findings and any rec-
ommendation for disciplinary action that the person
intends to make.
‘‘(11) A law enforcement officer who brought
before a disciplinary hearing shall be provided access
to all transcripts, records, written statements, writ-
ten reports and analyses and video tapes 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.
‘‘(c) OPPORTUNITY FOR A HEARING.—(1) Except in
a case of summary punishment or emergency suspension
described in subsection (d), if an investigation of a law
enforcement officer results in a recommendation of dis-
ciplinary action, the law enforcement agency shall notify
the law enforcement officer that the officer is entitled to
a hearing on the issues by a hearing officer or board.
‘‘(2)(A) Subject to subparagraph (B), a State shall
determine the composition of a disciplinary hearing board
and the procedures for a disciplinary hearing.
‘‘(B) A disciplinary hearing board that includes em-
ployees of the law enforcement agency of which the officer
who is the subject of the hearing is a member shall include
at least one law enforcement officer of equal or lesser rank
to the officer who is the subject of the hearing.
‘‘(3) A penalty greater than that which was rec-
ommended by the trial board cannot be imposed upon the
officer.
‘‘(d) SUMMARY PUNISHMENT AND EMERGENCY SUS-
PENSION.—(1) This section does not preclude a State
from providing for summary punishment or emergency
suspension for misconduct by a law enforcement officer.
‘‘(2) An emergency suspension shall not affect or in-
fringe on the health benefits of a law enforcement officer.
‘‘(e) NOTICE OF DISCIPLINARY ACTION.—When dis-
ciplinary action is to be taken against a law enforcement
officer, the officer shall be notified of the action and the
reasons therefor a reasonable time before the action takes
effect.
‘‘(f) 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.
‘‘(g) OTHER REMEDIES NOT IMPAIRED.—(1) Noth-
ing in this section shall be construed to impair any other
legal remedy that a law enforcement officer has with re-
spect to any rights under this section.
‘‘(2) A law enforcement officer may waive any of the
rights guaranteed by this section.
‘‘(h) APPLICATION OF SECTION.—This section does
not apply in the case of—
‘‘(1) an investigation of criminal conduct by a
law enforcement officer; or
‘‘(2) a nondisciplinary action taken in good
faith on the basis of a law enforcement officer’s em-
ployment-related performance.
‘‘(i) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘disciplinary action’ means the
suspension, demotion, reduction in pay or other em-
ployment benefit, dismissal, transfer, or similar ac-
tion taken against a law enforcement officer as pun-
ishment for misconduct;
‘‘(2) the term ‘emergency suspension’ means
temporary action imposed by the head of the law en-
forcement agency when that official determines that
the action is in the best interests of the public;
‘‘(3) the term ‘summary punishment’ means
punishment imposed for a minor violation of a law
enforcement agency’s rules and regulations that does
not result in disciplinary action;
‘‘(4) the term ‘law enforcement agency’ means
a public agency charged by law with the duty to in-
vestigate crimes or apprehend or hold in custody
persons charged with or convicted of crimes; and
‘‘(5) the term ‘law enforcement officer’ means
a full-time police officer, sheriff, or correctional offi-
cer of a law enforcement agency.
‘‘(j) 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 unless the officer has had an opportunity to review
and comment in writing on the adverse material.
‘‘(k) DISCLOSURE OF PERSONAL ASSETS.—A law en-
forcement officer shall not be required or requested to dis-
close any item of the officer’s personal property, income,
assets, sources of income, debts, personal or domestic ex-
penditures (including those of any member of the officer’s
household), unless
‘‘(1) the information is necessary in investigat-
ing a violation of any Federal, State, or local law,
rule, or regulation with respect to the performance
of official duties; or
‘‘(2) such disclosure is required by Federal,
State, or local law.
‘‘(l) ENFORCEMENT OF PROTECTIONS FOR LAW EN-
FORCEMENT OFFICERS.—(1) A State shall have not more
than 2 legislative sessions to enact a Law Enforcement
Officers’ Bill of Rights that provides rights for law en-
forcement officers that are substantially similar to the
rights afforded under this section.
‘‘(2) After the expiration of the time limit described
in paragraph (1), a law enforcement officer shall have a
cause of action in State court for the recovery of pecuniary
and other damages and full reinstatement against a law
enforcement agency that materially violates the rights af-
forded by this section.
‘‘(3) The sovereign immunity of a State shall not
apply in the case of a violation of the rights afforded by
this section.
‘‘(m) STATES’ RIGHTS.—This section does not pre-
empt State law or collective bargaining agreements or dis-
cussions during the collective bargaining process that pro-
vide rights for law enforcement officers that are substan-
tially similar to the rights afforded by this section.’’.
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