I 
108TH CONGRESS 
1ST SESSION H. R. 2135
To provide grants to law enforcement agencies that ensure that law enforce-
ment 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 HOUSE OF REPRESENTATIVES 
MAY 15, 2003
Mr. KELLER (for himself, Mr. HAYES, Mr. MILLER of North Carolina, Mrs. 
JO ANN DAVIS of Virginia, Mr. WILSON of South Carolina, Mr. BRADY 
of Texas, Mr. LEWIS of Georgia, Mrs. NORTHUP, Mr. BISHOP of Georgia, 
Mr. CRAMER, and Mrs. MYRICK) introduced the following bill; which was 
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.
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 Due Process Act of 2003’’.
SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS. 
(a) PROGRAM AUTHORIZED.—The Attorney General 
is authorized to provide grants to law enforcement agen-
cies that are eligible under subsection (b). 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a law enforcement agency shall—
(1) have in effect an administrative process that 
complies with the requirements of subsection (c); or 
(2) certify that it will establish, not later than 
2 years after the date of enactment of this Act, an 
administrative process that complies with the re-
quirements of subsection (c). 
(c) OFFICER RIGHTS.—The administrative process 
referred to in subsection (b) shall require that a law en-
forcement agency that investigates a law enforcement offi-
cer for matters which could reasonably lead to disciplinary 
action against such officer, including dismissal, demotion, 
suspension, or transfer provide recourse for the officer 
that, at a minimum, includes the following: 
(1) ACCESS
TO
ADMINISTRATIVE
PROCESS.—
The agency has written procedures to ensure that 
any law enforcement officer is afforded access to any 
existing administrative process established by the 
employing agency prior to the imposition of any such 
disciplinary action against the officer.
(2) SPECIFIC
PROCEDURES.—The procedures 
used under paragraph (1) include, the right of a law 
enforcement officer under investigation—
(A) to a hearing before a fair and impar-
tial board or hearing officer; 
(B) to be represented by an attorney or 
other officer at the expense of such officer; 
(C) to confront any witness testifying 
against such officer; and 
(D) to record all meetings in which such 
officer attends. 
(d) IMMEDIATE SUSPENSION.—Nothing in this sec-
tion shall prevent the immediate suspension with pay of 
a law enforcement officer—
(1) whose continued presence on the job is con-
sidered to be a substantial and immediate threat to 
the welfare of the law enforcement agency or the 
public; 
(2) who refuses to obey a direct order issued in 
conformance with the agency’s written and dissemi-
nated rules and regulations; or 
(3) who is accused of committing an illegal act. 
(e) DISTRIBUTION OF FUNDS.—From the amount 
made available to carry out this section, the Attorney Gen-
eral shall allocate—