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 Offi-
cers Procedural Bill of Rights Act of 2007’’. 
SEC. 2. FINDINGS; DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds that— 
(1) 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-
geted for their labor organization activities or for 
their legitimate enforcement of the laws, demor-
alizing many rank and file officers in communities 
and States; 
(2) 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 to the public effectively and fairly in relation to 
local law enforcement and homeland security; 
(3) in light of Congressional authorization of 
local law enforcement officers to act across State 
lines for Homeland Security purposes during emer-
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gencies, and in connection with mutual aid agree-
ments among the States, there is a need to provide 
stability and continuity in policing operations and 
safeguard the rights and protections of law enforce-
ment officers who may be called upon to act beyond 
their local jurisdictions; 
(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 threaten the domestic tranquility of the 
United States because of a lack of statutory protec-
tions to ensure— 
(A) the due process rights of law enforce-
ment officers; 
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(B) fair, thorough, and timely internal in-
vestigations and interrogations of and discipli-
nary proceedings against law enforcement offi-
cers; 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 rights of State and 
local law enforcement officers and ensure 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 
United States Constitution and Congress’ authority 
thereunder. 
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SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS 
RIGHTS OF OFFICERS. 
Part H of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3782 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 820. DISCIPLINE, ACCOUNTABILITY, AND DUE PROC-
ESS RIGHTS OF STATE AND LOCAL LAW EN-
FORCEMENT OFFICERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DISCIPLINARY
ACTION.—The term ‘dis-
ciplinary action’ means any adverse personnel action 
taken against a law enforcement officer in response 
to a suspected violation of any personnel rule, regu-
lation, policy, procedure, or directive by such officer, 
and shall include suspension, reduction in pay, rank, 
or other employment benefit, dismissal, transfer, re-
assignment, unreasonable denial of secondary em-
ployment, denial of promotion, or unpaid leave from 
employment. 
‘‘(2) DISCIPLINARY HEARING.—The term ‘dis-
ciplinary hearing’ means an administrative hearing 
initiated by a law enforcement agency against a law 
enforcement officer which may result in disciplinary 
action. 
‘‘(3) INVESTIGATION.—The term ‘investiga-
tion’— 
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‘‘(A) means an action taken to determine 
whether a law enforcement officer violated a 
rule, regulation, policy, procedure, or directive 
of a public agency; and 
‘‘(B) includes— 
‘‘(i) asking questions of any other law 
enforcement officer or non-law enforcement 
officer (directly related to the actions for 
which the officer is being investigated); 
‘‘(ii) conducting observations; 
‘‘(iii) seizing property; 
‘‘(iv) reviewing and evaluating reports, 
records, or other documents; and 
‘‘(v) examining physical evidence. 
‘‘(4) LAW ENFORCEMENT OFFICER.—The terms 
‘law enforcement officer’ and ‘officer’ have the 
meaning given the term ‘law enforcement officer’ in 
section 1204, except that the term does not include 
a law enforcement officer employed by the United 
States, or any department, agency, or instrumen-
tality thereof. 
‘‘(5) PERSONNEL
RECORD.—The term ‘per-
sonnel record’ means any document or file, whether 
in written or electronic form and irrespective of loca-
tion, that has been or may be used in determining 
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the qualifications of a law enforcement officer for 
employment, evaluation, promotion, transfer, addi-
tional compensation, termination, or any disciplinary 
action. 
‘‘(6) PUBLIC AGENCY AND LAW ENFORCEMENT 
AGENCY.—The terms ‘public agency’ and ‘law en-
forcement agency’ each have the meaning given the 
term ‘public agency’ in section 1204, except that the 
terms do not include the United States, or any de-
partment, agency, or instrumentality thereof. 
‘‘(7) LIE DETECTOR.—The term ‘lie detector’ 
means a polygraph, deceptograph, voice stress ana-
lyzer, psychological stress evaluator, or any other 
similar device, whether mechanical or electrical, that 
is used, or the results of which are used, for the pur-
pose of rendering a diagnostic opinion regarding the 
honesty or dishonesty of an individual. 
‘‘(b) APPLICABILITY.— 
‘‘(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— 
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‘‘(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 non-disciplinary action taken in 
good faith on the basis of the employment-re-
lated performance of law enforcement officers, 
and those serving in a law enforcement capacity 
holding an elected or appointed office. 
‘‘(c) EFFECTIVE PROCEDURES FOR RECEIPT, RE-
VIEW, AND INVESTIGATION
OF COMPLAINTS AGAINST 
LAW ENFORCEMENT OFFICERS.—Not later than 1 year 
after the effective date of the Law Enforcement Officers 
Procedural Bill of Rights Act of 2007, each law enforce-
ment agency shall adopt and comply with a written com-
plaint procedure that— 
‘‘(1) authorizes persons from within and outside 
the law enforcement agency to submit written com-
plaints about a law enforcement officer to— 
‘‘(A) the law enforcement agency employ-
ing the law enforcement officer; or 
‘‘(B) any other law enforcement agency 
charged with investigating such complaints; 
‘‘(2) sets forth the procedures for the investiga-
tion and disposition of such complaints; 
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‘‘(3) provides for public access to required 
forms and other information concerning the submis-
sion and disposition of written complaints; and 
‘‘(4) requires notification to the complainant in 
writing of the final disposition of the complaint and 
the reasons for such disposition. 
‘‘(d) INITIATION OF AN INVESTIGATION.— 
‘‘(1) IN GENERAL.—An investigation based on a 
complaint from within or outside the law enforce-
ment agency shall commence not later than 15 days 
after the receipt of the complaint by— 
‘‘(A) the law enforcement agency employ-
ing the law enforcement officer against whom 
the complaint has been made; or 
‘‘(B) any other law enforcement agency 
charged with investigating such a complaint. 
‘‘(2) INTERROGATIONS; 
CONDITIONS.—When 
any law enforcement officer is under investigation 
and subjected to interrogation by his or her com-
manding officer, or any other member of the employ-
ing law enforcement department, that could lead to 
disciplinary action, the interrogation shall be con-
ducted under the following conditions: 
‘‘(A) The interrogation shall be conducted 
at a reasonable hour, preferably at a time when 
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the law enforcement officer is on duty, or dur-
ing the normal waking hours for the law en-
forcement officer, unless the seriousness of the 
investigation requires otherwise. If the interro-
gation does occur during off-duty time of the 
law enforcement officer being interrogated, the 
law enforcement officer shall be compensated 
for any such off-duty time in accordance with 
regular department procedures. 
‘‘(B) The law enforcement officer under in-
vestigation shall be informed prior to the inter-
rogation of the rank, name, and command of 
the officer in charge of the interrogation, the 
interrogating officers, and all other persons to 
be present during the interrogation. All ques-
tions directed to the law enforcement officer 
under interrogation shall be asked by and 
through no more than two interrogators at one 
time. The law enforcement officer under inves-
tigation shall be informed of the nature of the 
investigation no less than 24 hours prior to any 
interrogation. 
‘‘(C) The interrogation session shall be for 
a reasonable period of time, taking into consid-
eration the gravity and complexity of the issue 
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being investigated. The officer under interroga-
tion shall be allowed to attend to his or her own 
personal physical necessities. 
‘‘(D) The law enforcement officer under in-
terrogation shall not be subjected to offensive 
language or threatened with disciplinary action, 
except that an officer refusing to respond to 
questions or submit to interrogations shall be 
informed that failure to answer questions di-
rectly related to the investigation or interroga-
tion may result in disciplinary action. No prom-
ise of reward shall be made as an inducement 
to answering any question. The employer shall 
not cause the law enforcement officer under in-
terrogation to be subjected to visits by the press 
or news media without the express consent of 
the officer, nor shall the name, home address, 
or photograph of the officer be given to the 
press or news media without the officer’s ex-
press consent. 
‘‘(E) No statement made during interroga-
tion by a law enforcement officer under duress, 
coercion, or threat shall be admissible in any 
subsequent civil proceeding against that officer. 
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‘‘(F) The complete interrogation of a law 
enforcement officer may be electronically re-
corded. If a recording is made of the interroga-
tion, the law enforcement officer shall have ac-
cess to review the recording if any further pro-
ceedings are contemplated and prior to any fur-
ther interrogation at a subsequent time. The 
law enforcement officer shall be entitled, at no 
expense to the law enforcement officer, to a 
transcribed copy of any notes made by a ste-
nographer and to any reports or complaints 
made by investigators or other persons, except 
those which are deemed by the investigating 
agency to be confidential. No notes or reports 
that are deemed confidential may be entered in 
the officer’s personnel file. The law enforcement 
officer being interrogated shall have the right to 
bring his or her own recording device and 
record any and all aspects of the interrogation. 
‘‘(G) If prior to or during the interrogation 
of a law enforcement officer it is deemed that 
the officer may be charged with a criminal of-
fense, the officer shall be immediately informed 
of his or her constitutional rights, and shall be 
entitled to counsel. Disciplinary action based 
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solely on criminal charges shall not be made 
final until the criminal investigation of such 
charges has been completed, and all court pro-
ceedings are concluded. 
‘‘(H) Upon the filing of a formal written 
statement of charges, or whenever an interroga-
tion focuses on matters that could reasonably 
result in disciplinary action against any law en-
forcement officer, that officer, at his or her re-
quest, shall have the right to be represented by 
a representative of his or her choice who may 
be present at all times during the interrogation. 
The representative shall not be a person subject 
to the same investigation. The representative 
shall not be required to disclose, nor be subject 
to any disciplinary action for refusing to dis-
close, any information received from the officer 
under investigation for non-criminal matters. 
This subparagraph shall not apply to any inter-
rogation of a law enforcement officer in the 
normal course of duty, counseling, instruction, 
or informal verbal admonishment by, or other 
routine or unplanned contact with, a supervisor 
or any other law enforcement officer, nor shall 
this subparagraph apply to an investigation 
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concerned solely and directly with alleged crimi-
nal activities. 
‘‘(e) SANCTIONS; DISCIPLINARY ACTION.— 
‘‘(1) No law enforcement officer shall be loaned 
or temporarily reassigned to a location or duty as-
signment if a sworn member of his or her depart-
ment would not normally be sent to that location or 
would not normally be given that duty assignment 
under similar circumstances. 
‘‘(2) No law enforcement officer shall be sub-
jected to disciplinary action, denied promotion, or 
threatened with any such treatment, because of the 
lawful exercise of the rights granted under this sec-
tion, or the exercise of any rights under any existing 
administrative grievance procedure. 
‘‘(3) Nothing in this subsection shall be con-
strued to create a property interest, where one does 
not exist by rule or law, in the job of Chief of Police 
or chief administrative officer of a law enforcement 
department. 
‘‘(4)(A) Except as provided in this section, no 
disciplinary action or denial of promotion on 
grounds other than merit shall be undertaken for 
any act, omission, or other allegation of misconduct 
if the investigation of the allegation is not completed 
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within one year after the date on which the law en-
forcement department was notified of the allegation 
of the act, omission, or other misconduct. 
‘‘(B) Subparagraph (A) shall only apply with 
respect to an investigation in response to an act, 
omission, or other misconduct that occurred on or 
after the effective date of this section. 
‘‘(5) In the event that the law enforcement de-
partment determines that disciplinary action may be 
taken, the department shall notify the law enforce-
ment officer of any proposed disciplinary action 
within 15 days, except in any of the following cir-
cumstances: 
‘‘(A) If the act, omission, or other allega-
tion of misconduct is also the subject of a 
criminal investigation or criminal prosecution, 
the time during which the criminal investigation 
or criminal prosecution is pending shall be ex-
tended until 30 days after the completion of 
such investigation or prosecution. 
‘‘(B) If the law enforcement officer volun-
tarily waives the 15 day period in writing, the 
time period shall be extended for the period of 
time specified in the written waiver. 
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‘‘(C) If the investigation is a multi-juris-
dictional investigation that requires a reason-
able extension for coordination of the involved 
agencies. 
‘‘(D) If the law enforcement officer who is 
being investigated is incapacitated or is other-
wise unavailable. 
‘‘(E) If the investigation involves an allega-
tion of workers’ compensation fraud on the part 
of the law enforcement officer. 
‘‘(6) Where a pre-disciplinary response or griev-
ance procedure is required or utilized, the time used 
to conduct such a pre-disciplinary response or proce-
dure shall not be governed or limited by this section. 
‘‘(7) If, after investigation and any pre-discipli-
nary response or procedure, the law enforcement de-
partment decides to take disciplinary action, the law 
enforcement department shall notify the law enforce-
ment officer in writing of its decision. Such notifica-
tion shall include the date that the disciplinary ac-
tion will be imposed. Such disciplinary action shall 
commence within 30 days of the date of the decision 
by the law enforcement department, except in the 
case of a law enforcement officer who is unavailable 
for disciplinary action. 
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‘‘(f) ADMINISTRATIVE APPEAL.— 
‘‘(1) A law enforcement officer disciplined 
under this section shall have the right to make an 
administrative appeal within 30 days after the impo-
sition of discipline to— 
‘‘(A) an independent commission, board, 
panel, or; 
‘‘(B) a hearing officer as mutually agreed 
to by the law enforcement officer and the law 
enforcement department. 
‘‘(2) Any administrative hearing under this sec-
tion shall follow any applicable evidentiary proce-
dures provided under State law. 
‘‘(3) Any decision of the commission, board, 
panel, or hearing officer shall be for just cause. 
‘‘(4) No disciplinary action or denial of pro-
motion on grounds other than merit shall be under-
taken by any law enforcement department against 
any law enforcement officer who has successfully 
completed the probationary period that may be re-
quired by his or her employing agency without pro-
viding the law enforcement officer with an oppor-
tunity for administrative appeal. 
‘‘(5) No chief administrator of a law enforce-
ment department may be removed by a law enforce-
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ment department, or appointing authority, without 
providing the chief administrative officer with writ-
ten notice of removal, the reason or reasons there-
fore, and an opportunity for administrative appeal. 
‘‘(g) OFFICER INVOLVED SHOOTINGS.—A law en-
forcement officer is entitled to all constitutional guaran-
tees afforded to any private citizen who is under investiga-
tion for an alleged criminal act. 
‘‘(h) PERSONNEL FILES.— 
‘‘(1) Except for administrative purposes and 
purposes of departmental evaluation, personnel files 
of law enforcement officers shall be sealed. Informa-
tion contained in a law enforcement officer’s per-
sonnel file shall be considered privileged. 
‘‘(2)(A) Except as provided in subparagraph 
(B), no law enforcement officer shall have any com-
ment adverse to his interest entered in his personnel 
file, or any other file used for any personnel pur-
poses by his employer, without the law enforcement 
officer having first read and signed the instrument 
containing the adverse comment, indicating that he 
or she is aware of such comment. 
‘‘(B) If a law enforcement officer refuses to 
read or sign an instrument as described in subpara-
graph (A), the officer’s refusal shall be noted in 
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‘‘(1) No law enforcement officer shall be sub-
jected to a lie detector test as part of an investiga-
tion conducted under this section. 
‘‘(2) No disciplinary action or other recrimina-
tion shall be taken against a law enforcement officer 
for refusing to submit to a lie detector test, nor shall 
any comment regarding an officer’s decision to sub-
mit to or refuse such a test be entered in the inves-
tigator’s notes or in any other file or document, nor 
shall any testimony or evidence regarding such a de-
cision by an officer be admissible at a subsequent 
hearing, trial, or proceeding, whether judicial or ad-
ministrative. 
‘‘(j) PROTECTION OF PERSONAL RECORDS AND PER-
SONAL PROPERTY.— 
‘‘(1) No law enforcement officer shall be re-
quired as a condition of employment by his or her 
employing law enforcement department or other 
public agency to consent to the use of his or her 
photograph or identity as a law enforcement officer 
on the Internet for any purpose if that officer rea-
sonably believes that the disclosure may result in 
threat, harassment, intimidation, or harm to that of-
ficer or his or her family. 
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‘‘(2) For purposes of job assignment or other 
personnel action, no law enforcement officer shall be 
required or requested to disclose any item of his 
property, income, assets, source of income, debts, or 
personal or domestic expenditures (including those 
of any member of his family or household) unless 
such information— 
‘‘(A) is obtained or required under State 
law or proper legal procedure; 
‘‘(B) tends to indicate a conflict of interest 
with respect to the performance of the officer’s 
official duties; or 
‘‘(C) is necessary for the employing agency 
to ascertain the desirability of assigning the law 
enforcement officer to a specialized unit in 
which there is a strong possibility that bribes or 
other improper inducements may be offered. 
‘‘(3) No law enforcement department shall deny 
or refuse to any law enforcement officer the rights 
and protections guaranteed to the officer by this sec-
tion. 
‘‘(k) COURT OF JURISDICTION; JUDICIAL ENFORCE-
MENT.— 
‘‘(1) The appropriate State court in the State 
in which a law enforcement department is located 
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shall have original jurisdiction over any proceeding 
brought by any law enforcement officer against any 
law enforcement department for alleged violations of 
this section. Nothing in this subsection shall be con-
strued, by reason of a claim arising under this sec-
tion, to deny to the courts of the United States sup-
plemental jurisdiction over any Federal law claim for 
which such courts have jurisdiction under section 
1367 of title 28, United States Code, or any other 
provision of law. 
‘‘(2) In any case where the court finds that a 
law enforcement department has violated any of the 
provisions of this section, the court shall render ap-
propriate injunctive or other extraordinary relief to 
remedy the violation and to prevent future violations 
of a like or similar nature, including the granting of 
a temporary restraining order, preliminary, or per-
manent injunction prohibiting the law enforcement 
department from taking any disciplinary action 
against the law enforcement officer, attorney fees, 
and any other remedies deemed appropriate by the 
court. 
‘‘(3) If the court finds that a bad faith or frivo-
lous denial of rights, or a malicious filing for an im-
proper purpose, has been brought pursuant to this 
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section, the court may order sanctions against the 
offending party, the party’s attorney, or both. Such 
sanctions may include reasonable expenses incurred 
by the opposing party (including attorney’s fees), as 
the court deems appropriate. Nothing in this para-
graph is intended to subject actions or filings under 
this section to rules or standards that are different 
from those applicable to other civil actions or filings. 
Any law enforcement department which has adopted, 
through the action of its governing body or its offi-
cial designee, any procedure which provides to law 
enforcement officers, at a minimum, the same rights 
and protections as provided pursuant to this section 
shall not be subject to this section with regard to 
such a procedure. 
‘‘(4) Nothing in this section shall in any way be 
construed to limit the use of any public safety agen-
cy or any law enforcement officer in the fulfilling of 
mutual aid agreements with other jurisdictions or 
agencies, nor shall this section be construed in any 
way to limit any jurisdictional or interagency co-
operation under any circumstances where such activ-
ity is deemed necessary or desirable by the jurisdic-
tions or the agencies involved. 
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‘‘(l) ON SCENE INVESTIGATIONS.—During an on- 
scene investigation of an officer-involved shooting incident, 
the officer who was involved in the shooting and used 
deadly force is entitled to attorney representation of the 
officer’s choice (within reason) prior to and during inter-
views by investigators. An attorney representing the offi-
cer involved in an officer-involved shooting incident should 
have the right, within reason, to counsel the officer at the 
scene prior to an interview by an investigator. 
‘‘(m) LAW ENFORCEMENT AGENCIES RIGHT TO 
PROTECT CRIME SCENES.— 
‘‘(1) Every law enforcement agency is entitled 
to protect the integrity of their crime scene inves-
tigation. 
‘‘(2) A law enforcement agency has the right, 
when a law enforcement officer’s attorney is present, 
to prohibit the officer and attorney from entering 
the actual crime scene so that evidence is not dis-
turbed. 
‘‘(n) STATES’ RIGHTS.—Nothing in this section may 
be construed— 
‘‘(1) to preempt any State or local law, or any 
provision of a State or local law, in effect on the 
date of enactment of the Law Enforcement Officers 
Procedural Bill of Rights Act of 2007, that confers 
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a right or a protection that is substantially similar 
to a right or protection afforded by this section; or 
‘‘(2) to prohibit the enactment of any State or 
local law that confers a right or protection that is 
substantially similar to a right or protection afforded 
by this section. 
‘‘(o) COLLECTIVE
BARGAINING
AGREEMENTS.— 
Nothing in this section shall be construed to— 
‘‘(1) preempt any provision in a mutually 
agreed-upon collective bargaining agreement, in ef-
fect on the date of enactment of the Law Enforce-
ment Officers Procedural Bill of Rights Act of 2007, 
that provides for substantially the same or a greater 
right or protection than a right or protection af-
forded under this section; or 
‘‘(2) prohibit the negotiation of any additional 
right or protection for an officer who is subject to 
any collective bargaining agreement. 
‘‘(p) PROHIBITION
OF FEDERAL CONTROL OVER 
STATE
AND LOCAL CRIMINAL JUSTICE AGENCIES.— 
Nothing in this section shall be construed to authorize any 
department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control of 
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any law enforcement department or any criminal justice 
agency of any State or any political subdivision thereof.’’. 
Æ 
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