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-
cer’s Procedural Bill of Rights Act of 2009’’. 
SEC. 2. FINDINGS; DECLARATION OF PURPOSE AND POL-
ICY. 
(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 effectively and fairly in relation to law enforce-
ment and homeland security; 
(3) in light of Congressional authorization of 
local law enforcement officers to act across State 
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lines for Homeland Security purposes during emer-
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 rights of law enforcement officers to en-
gage in or refrain from political activity while off- 
duty, or to run as candidates for public office, unless 
such service is found to be in conflict with their 
service as officers, are protected by the first amend-
ment of the United States Constitution; 
(5) 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; 
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(6) 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— 
(A) the due process rights of law enforce-
ment 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 
(7) 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 PURPOSE AND POLICY.—Con-
gress 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; 
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(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. 
SEC. 3. DISCIPLINE, ACCOUNTABILITY, AND DUE PROCESS 
RIGHTS OF OFFICERS. 
The Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3782 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: 
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‘‘PART MM—DISCIPLINE, ACCOUNTABILITY, AND 
DUE PROCESS RIGHTS OF STATE AND LOCAL 
LAW ENFORCEMENT OFFICERS 
‘‘SEC. 3031. 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 an alleged violation of any rule, regulation, policy, 
procedure, or directive by such officer, and shall in-
clude suspension, reduction in pay, rank, or other 
employment benefit, dismissal, transfer, reassign-
ment, unreasonable denial of secondary employment, 
denial of promotion, unpaid leave from employment, 
or other adverse actions. 
‘‘(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) SUMMARY SUSPENSION.—The term ‘sum-
mary suspension’ means the temporary action by a 
law enforcement agency of relieving a law enforce-
ment officer from the active performance of law en-
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forcement duties without a reduction in pay or bene-
fits when the law enforcement agency, or an official 
within that agency, determines that there is probable 
cause, based upon the conduct of the law enforce-
ment officer, to believe that the law enforcement of-
ficer poses an immediate threat to the safety of that 
officer, others, or the property of others. 
‘‘(4) INVESTIGATION.—The term ‘investigation’ 
means an action taken to determine whether a law 
enforcement officer violated a rule, regulation, pol-
icy, procedure, or directive, which may include— 
‘‘(A) asking questions of any other law en-
forcement officer or nonlaw enforcement officer; 
‘‘(B) conducting observations; 
‘‘(C) asking questions of law enforcement 
officers during an on scene investigation of an 
officer involved shooting; 
‘‘(D) seizing property; 
‘‘(E) reviewing and evaluating reports, 
records, or other documents; and 
‘‘(F) 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 the term does not include a law 
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enforcement officer employed by the United States, 
or any department, agency, or instrumentality there-
of. 
‘‘(6) 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 
the qualifications of a law enforcement officer for 
employment, promotion, transfer, additional com-
pensation, termination, or any other disciplinary ac-
tion. 
‘‘(7) 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 the 
terms do not include the United States, or any de-
partment, agency, or instrumentality thereof. 
‘‘(8) 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. 
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‘‘(9) SUMMARY PUNISHMENT.—The term ‘sum-
mary punishment’ means any punishment imposed 
for a violation of law that— 
‘‘(A) does not result in any disciplinary ac-
tion; or 
‘‘(B) has been negotiated and agreed upon 
by the law enforcement agency and the law en-
forcement officer, based upon a written waiver 
by the officer of the rights of that officer under 
subsection (h) and any other applicable law or 
constitutional provision, after consultation with 
the counsel or representative of that officer. 
‘‘(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— 
‘‘(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-
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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.— 
‘‘(1) COMPLAINT PROCESS.—Not later than one 
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 within and 
outside the law enforcement agency to submit 
written complaints about a law enforcement of-
ficer to— 
‘‘(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 
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‘‘(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 within or outside the law en-
forcement 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 
‘‘(ii) any other law enforcement agen-
cy charged with investigating such a com-
plaint. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall 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. 
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‘‘(3) CONFLICT OF INTEREST.—The complain-
ant or victim of the alleged conduct giving rise to an 
investigation under this subsection or any other indi-
vidual with a conflict of interest may not conduct or 
supervise the investigation or serve as an investi-
gator. 
‘‘(d) NOTICE OF INVESTIGATION.— 
‘‘(1) IN GENERAL.—Any law enforcement offi-
cer who is the subject of an investigation shall be 
notified of the investigation not less than 24 hours 
before the commencement of questioning or before 
otherwise being required to provide information to 
an investigating agency. 
‘‘(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 
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‘‘(D) the name, rank, and command of the 
officer or any other individual who will be con-
ducting the investigation. 
‘‘(e) 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-
es, such as an employee representative, or both, 
immediately before and during the entire period 
of any questioning session, unless the officer 
consents in writing to being questioned outside 
the presence of counsel or representative. 
‘‘(B) PRIVATE
CONSULTATION.—During 
the course of any questioning session, the offi-
cer shall be afforded the opportunity to consult 
privately with counsel or a representative, if 
such consultation does not repeatedly and un-
necessarily disrupt the questioning period. 
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‘‘(C) UNAVAILABILITY
OF
COUNSEL.—If 
the counsel or representative of the law enforce-
ment officer is not available within 24 hours of 
the time set for the commencement of any ques-
tioning of that officer, the investigating law en-
forcement agency shall grant a reasonable ex-
tension of time for the law enforcement officer 
to obtain counsel or representation. 
‘‘(2) REASONABLE HOURS AND TIME.—The in-
terrogation shall be conducted at a reasonable hour, 
preferably at a time when the law enforcement offi-
cer is on duty, or during the normal waking hours 
for the law enforcement officer, unless the serious-
ness of the investigation requires otherwise. If the 
interrogation 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 de-
partment procedures. 
‘‘(3) PLACE OF QUESTIONING.—Unless the offi-
cer consents in writing to being questioned else-
where, any questioning of a law enforcement officer 
under investigation shall take place— 
‘‘(A) at the office of the individual con-
ducting the investigation on behalf of the law 
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enforcement agency employing the officer under 
investigation; or 
‘‘(B) the place at which the officer under 
investigation reports for duty. 
‘‘(4) IDENTIFICATION OF QUESTIONERS.—Be-
fore the commencement of any questioning, a law 
enforcement officer under investigation shall be in-
formed of— 
‘‘(A) the name, rank, and command of 
each officer or other individual who will conduct 
the questioning; and 
‘‘(B) the relationship between each such 
individual conducting the questioning and the 
law enforcement agency employing the officer 
under investigation. 
‘‘(5) NO MORE THAN TWO QUESTIONERS.—All 
questions directed to the law enforcement officer 
under interrogation shall be asked by and through 
no more than two interrogators at one time. 
‘‘(6) REASONABLE
TIME
PERIOD.—Any ques-
tioning of a law enforcement officer under investiga-
tion shall be for a reasonable period of time, taking 
into consideration the gravity and complexity of the 
issue being investigated, and shall allow reasonable 
periods for the rest and personal necessities of the 
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officer and the counsel or representative of the offi-
cer, if such person is present. 
‘‘(7) NO
THREATS, FALSE
STATEMENTS, OR 
PROMISES TO BE MADE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the law enforcement officer 
shall not be subjected to offensive language, 
threats, misleading statements, or promises of a 
reward in attempts to induce the officer to an-
swer any question, give any statement, or other-
wise 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— 
‘‘(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. 
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‘‘(8) COERCION.—No statement made during 
interrogation by a law enforcement officer under du-
ress, coercion, or threat shall be admissible in any 
subsequent civil proceeding against that officer. 
‘‘(9) CRIMINAL CHARGES.—If prior to or during 
the interrogation of a law enforcement officer it is 
deemed that the officer may be charged with a 
criminal offense, the officer shall be immediately in-
formed of his or her constitutional rights, and shall 
be entitled to counsel. Disciplinary action based sole-
ly on criminal charges shall not be made final until 
the criminal investigation of such charges has been 
completed, and all court proceedings are concluded. 
‘‘(10) 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, 
free of charge, before any subsequent period of 
questioning or the filing of any charge against 
that officer. 
‘‘(i) Except as provided in clause (ii) 
a transcribed copy of any notes made by a 
stenographer and any reports of com-
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plaints made by investigators or other per-
sons, shall be made available to the law en-
forcement officer. 
‘‘(ii) Clause (i) does not apply if the 
notes or reports have been deemed to be 
confidential by the investigating agency. 
No notes or reports that have been deemed 
to be confidential may be included in the 
officer’s personnel file. 
‘‘(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. 
‘‘(11) USE OF HONESTY TESTING DEVICES.— 
‘‘(A) No law enforcement officer under in-
vestigation may be compelled to submit to the 
use of a lie detector, as defined in section 2 of 
the Employee Polygraph Protection Act of 1988 
(29 U.S.C. 2001). 
‘‘(B) No disciplinary action or other re-
crimination shall be taken against a law en-
forcement officer for refusing to submit to a lie 
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detector test, nor shall any comment regarding 
an officer’s decision to submit to or refuse such 
a test be entered in the investigator’s notes or 
in any other file or document, nor shall any tes-
timony or evidence regarding such a decision by 
an officer be admissible at a subsequent hear-
ing, trial, or proceeding, whether judicial or ad-
ministrative. 
‘‘(12) USE OF THE MEDIA.—The employer shall 
not cause the law enforcement officer under interro-
gation 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 express consent. 
‘‘(f) NOTICE OF INVESTIGATIVE FINDINGS AND DIS-
CIPLINARY RECOMMENDATION
AND OPPORTUNITY TO 
SUBMIT A WRITTEN RESPONSE.— 
‘‘(1) NOTICE.—Except as provided in para-
graph (3), not later than 15 days after the conclu-
sion of an investigation under this subsection, 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-
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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 (g), the law enforcement offi-
cer who was the subject of the investigation 
may submit a written response to the findings 
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. 
‘‘(3) EXCEPTIONS.—Permissible exceptions to 
paragraph (1) are as follows: 
‘‘(A) If the act, omission, or other allega-
tion of misconduct is also the subject of a 
criminal investigation or prosecution, the time 
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during which the criminal investigation or pros-
ecution is pending shall be extended 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. 
‘‘(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. 
‘‘(g) DISCIPLINARY HEARING.— 
‘‘(1) NOTICE
OF
OPPORTUNITY
FOR
HEAR-
ING.—Except in a case of summary punishment or 
summary suspension (subject to subsection (i) or (j), 
respectively), before the imposition of any discipli-
nary action the law enforcement agency shall notify 
the officer that the officer is entitled to a due proc-
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ess 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 a rule, 
regulation, policy, procedure, or directive. 
‘‘(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 a 
rule, regulation, policy, procedure, or direc-
tive; or 
‘‘(ii) 90 days after the commencement 
of an investigation; or 
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‘‘(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 
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 
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‘‘(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 this sub-
section, the law enforcement officer shall be provided 
with— 
‘‘(A) a copy of the complete file of the pre- 
disciplinary investigation; and 
‘‘(B) access to and, if so requested, copies 
of all documents, including transcripts, records, 
written statements, written reports, analyses, 
and electronically recorded information that— 
‘‘(i) contain exculpatory information; 
‘‘(ii) are intended to support any dis-
ciplinary action; or 
‘‘(iii) are to be introduced in the dis-
ciplinary hearing. 
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‘‘(6) EXAMINATION OF PHYSICAL EVIDENCE.— 
Unless waived in writing by the law enforcement of-
ficer or the counsel or representative of that offi-
cer— 
‘‘(A) not later than 15 days before a dis-
ciplinary hearing, the prosecuting agency shall 
notify the law enforcement officer or the coun-
sel or representative of that officer of all phys-
ical, nondocumentary evidence; and 
‘‘(B) not later than 15 days before a dis-
ciplinary hearing, the prosecuting agency shall 
provide a reasonable date, time, place, and 
manner for the law enforcement officer or the 
counsel or representative of the law enforce-
ment officer to examine the evidence described 
in subparagraph (A). 
‘‘(7) IDENTIFICATION OF WITNESSES.—Unless 
waived in writing by the law enforcement officer or 
the counsel or representative of the officer, not later 
than 15 days before a disciplinary hearing, the pros-
ecuting agency shall notify the law enforcement offi-
cer or the counsel or representative of the officer, of 
the name and address of each witness for the law 
enforcement agency employing the law enforcement 
officer. 
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‘‘(8) REPRESENTATION.—During a disciplinary 
hearing, the law enforcement officer who is the sub-
ject of the hearing shall be entitled to due process, 
including— 
‘‘(A) the right to be represented by counsel 
or a representative of the officer’s choosing; 
‘‘(B) the right to confront and examine all 
witnesses against the officer; and 
‘‘(C) the right to call and examine wit-
nesses on behalf of the officer. 
‘‘(9) HEARING BOARD AND PROCEDURE.— 
‘‘(A) IN GENERAL.—A State or local gov-
ernment agency, other than the law enforce-
ment agency employing the officer who is sub-
ject of the disciplinary hearing, shall— 
‘‘(i) determine the composition of an 
independent and impartial disciplinary 
hearing board; 
‘‘(ii) appoint an independent and im-
partial hearing officer; and 
‘‘(iii) establish such procedures as 
may be necessary to comply with this sec-
tion. 
‘‘(B) PEER REPRESENTATION ON DISCIPLI-
NARY HEARING BOARD.—A disciplinary hearing 
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to any failure to comply with a summons or a 
subpoena issued under subparagraph (A)— 
‘‘(i) the disciplinary hearing officer or 
board shall petition a court of competent 
jurisdiction to issue an order compelling 
compliance; and 
‘‘(ii) subsequent failure to comply 
with such a court order issued pursuant to 
a petition under clause (i) shall— 
‘‘(I) be subject to contempt of a 
court proceedings according to the 
laws of the jurisdiction within which 
the disciplinary hearing is being con-
ducted; and 
‘‘(II) result in the recess of the 
disciplinary hearing until the witness 
becomes available to testify and does 
testify or is held in contempt. 
‘‘(11) 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 to the general public. 
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‘‘(12) RECORDING.—All aspects of a discipli-
nary hearing, including pre-hearing motions, shall be 
recorded by electronic media or transcription. 
‘‘(13) SEQUESTRATION OF WITNESSES.—Either 
side in a disciplinary hearing may move for and be 
entitled to sequestration of witnesses. 
‘‘(14) TESTIMONY UNDER OATH.—The hearing 
officer or board shall administer an oath or affirma-
tion to each witness, who shall testify subject to the 
laws of perjury of the State in which the disciplinary 
hearing is being conducted. 
‘‘(15) FINAL DECISION ON EACH CHARGE.— 
‘‘(A) IN GENERAL.—At the conclusion of 
the presentation of all the evidence and after 
oral or written argument, the hearing officer or 
board shall deliberate and render a written final 
decision on each charge. 
‘‘(B) 
FINAL
DECISION
ISOLATED
TO 
CHARGE
BROUGHT.—The hearing officer or 
board may not find that the law enforcement 
officer who is the subject of the hearing is liable 
for disciplinary action for any violation, as to 
which the officer was not charged. 
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‘‘(16) BURDEN OF PERSUASION AND STANDARD 
OF PROOF.—The burden of persuasion or standard 
of proof of the prosecuting agency shall be— 
‘‘(A) by clear and convincing evidence as to 
each charge alleging false statement or rep-
resentation, fraud, dishonesty, deceit, moral 
turpitude, or criminal behavior on the part of 
the law enforcement officer who is the subject 
of the charge; and 
‘‘(B) by a preponderance of the evidence as 
to all other charges. 
‘‘(17) FACTORS OF JUST CAUSE TO BE CONSID-
ERED BY THE HEARING OFFICER OR BOARD.—A law 
enforcement officer who is the subject of a discipli-
nary hearing shall not be found guilty of any charge 
or subjected to any disciplinary action unless the 
disciplinary hearing board or independent hearing 
officer finds that— 
‘‘(A) the officer who is the subject of the 
charge could reasonably be expected to have 
had knowledge of the probable consequences of 
the alleged conduct set forth in the charge 
against the officer; 
‘‘(B) the rule, regulation, policy, proce-
dure, or directive that the officer who is the 
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subject of the charge allegedly violated is rea-
sonable; 
‘‘(C) the charging party, before filing the 
charge, made a reasonable, fair, and objective 
effort to discover whether the officer did in fact 
violate the rule, regulation, policy, procedure, or 
directive as charged; 
‘‘(D) the charging party did not conduct 
the investigation arbitrarily or unfairly, or in a 
discriminatory manner, against the officer who 
is the subject of the charge, and the charge was 
brought in good faith; and 
‘‘(E) the proposed disciplinary action rea-
sonably relates to the seriousness of the alleged 
violation and to the record of service of the offi-
cer who is the subject of the charge. 
‘‘(18) FINDING OF NO VIOLATION.—If the offi-
cer who is the subject of the disciplinary hearing is 
found not to have committed the alleged violation— 
‘‘(A) the matter is concluded; 
‘‘(B) no disciplinary action may be taken 
against the officer; 
‘‘(C) the personnel file of that officer may 
not contain any reference to the charge for 
which the officer was found not guilty; and 
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‘‘(D) any pay and benefits lost or deferred 
during the pendency of the disposition of the 
charge shall be restored to the officer as though 
no charge had ever been filed against the offi-
cer, including salary or regular pay, vacation, 
holidays, longevity pay, education incentive pay, 
shift differential, uniform allowance, lost over-
time, other premium pay opportunities, medical 
expenses, lost pension, and lost promotional op-
portunities. 
‘‘(19) FINDING OF A VIOLATION.— 
‘‘(A) IN GENERAL.—If the officer who is 
the subject of the charge is found to have com-
mitted the alleged violation, the hearing officer 
or board shall make a written recommendation 
of a penalty to the law enforcement agency em-
ploying the officer or any other governmental 
entity that has final disciplinary authority, as 
provided by applicable State or local law. 
‘‘(B) PENALTY.—The employing agency or 
other governmental entity may not impose a 
penalty greater than the penalty recommended 
by the hearing officer or board. 
‘‘(20) APPEAL.— 
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‘‘(A) IN GENERAL.—Any officer who has 
been found to have committed an alleged viola-
tion shall have 30 days to make an appeal from 
a final decision of a hearing officer or hearing 
board to a court of competent jurisdiction or to 
an independent neutral arbitrator to the extent 
available in any other administrative proceeding 
under applicable State or local law, or a collec-
tive bargaining agreement. 
‘‘(B) EVIDENTIARY
PROCEDURES.—Any 
administrative hearing under this section shall 
follow applicable evidentiary procedures pro-
vided under State law. 
‘‘(h) WAIVER OF RIGHTS.— 
‘‘(1) IN GENERAL.—An officer who is notified 
that the officer is under investigation or is the sub-
ject of a charge may, after such notification, waive 
any right or procedure guaranteed by this section. 
‘‘(2) WRITTEN
WAIVER.—A written waiver 
under this subsection shall be— 
‘‘(A) in writing; and 
‘‘(B) signed by— 
‘‘(i) the officer, who shall have con-
sulted with counsel or a representative be-
fore signing any such waiver; or 
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‘‘(ii) the counsel or representative of 
the officer, if expressly authorized by sub-
section (g). 
‘‘(i) SUMMARY PUNISHMENT.—Nothing in this sec-
tion shall preclude a public agency from imposing sum-
mary punishment. 
‘‘(j) SUMMARY SUSPENSION.—Nothing in this section 
shall be construed to preclude a law enforcement agency 
from imposing a summary suspension on a law enforce-
ment officer, except that any such suspension shall— 
‘‘(1) be followed by a hearing in accordance 
with the requirements of subsection (g); and 
‘‘(2) not deprive the affected officer of any pay 
or benefit. 
‘‘(k) RETALIATION
FOR
EXERCISING
RIGHTS.— 
There shall be no imposition of, or threat of, disciplinary 
action or other penalty against a law enforcement officer 
for the exercise of any right provided to the officer under 
this section. 
‘‘(l) OTHER REMEDIES NOT IMPAIRED.—Nothing in 
this section may be construed to impair any other right 
or remedy that a law enforcement officer may have under 
any constitution, statute, ordinance, order, rule, regula-
tion, procedure, written policy, collective bargaining agree-
ment, or any other source. 
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‘‘(m) DECLARATORY
OR INJUNCTIVE RELIEF.—A 
law enforcement officer who is aggrieved by a violation of, 
or is otherwise denied any right afforded by, the Constitu-
tion of the United States, a State constitution, this sec-
tion, or any administrative rule or regulation promulgated 
pursuant thereto, may file suit in any Federal or State 
court of competent jurisdiction for declaratory or injunc-
tive relief to prohibit the law enforcement agency from vio-
lating or otherwise denying such right, and such court 
shall have jurisdiction, for cause shown, to restrain such 
a violation or denial. 
‘‘(n) 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. 
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‘‘(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 
writing on the instrument, the instrument shall be 
signed or initialed by another officer who witnessed 
the law enforcement officer’s refusal, and the instru-
ment shall be entered in the appropriate personnel 
or other file. 
‘‘(3) A law enforcement officer shall have 30 
days within which to file a written response to any 
adverse comment entered in his personnel file. Such 
written response shall be attached to, and shall ac-
company, the adverse comment, and shall be avail-
able for the purpose of any review or possible ap-
peal. 
‘‘(4) Every law enforcement department shall, 
upon the request of a law enforcement officer, per-
mit the officer to inspect personnel files that are 
used or have been used to determine the officer’s 
qualifications for employment, evaluation, pro-
motion, additional compensation, or termination or 
other disciplinary action. Such inspection shall be 
permitted during usual business hours, with no loss 
of compensation to the officer. 
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‘‘(5) Each employer shall keep each law en-
forcement officer’s personnel file or a true and cor-
rect copy thereof as long as the officer is still an ac-
tive employee of the employer, and shall make the 
file or copy thereof available within a twenty-four 
hour period of time after a request therefore by the 
officer. 
‘‘(6) If, after a law enforcement officer has ex-
amined his or her personnel file, the officer believes 
that any portion of the material is mistakenly or un-
lawfully placed in the file, the officer may request, 
in writing, that the mistaken or unlawful portion be 
corrected or deleted. Any request made pursuant to 
this paragraph shall include a statement by the offi-
cer describing the corrections or deletions requested 
and the reasons supporting those corrections or dele-
tions. A statement submitted pursuant to this para-
graph shall become part of the personnel file of the 
officer. 
‘‘(7) Within 30 days after receipt of a request 
under paragraph (6), the employer shall either grant 
the officer’s request or notify the officer of the deci-
sion to deny the request. If the employer denies the 
request, in whole or in part, the employer shall pro-
vide to the officer, in writing, the reasons for deny-
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ing the request, and that written statement shall be-
come part of the personnel file of the officer. 
‘‘(8) A law enforcement officer shall not have 
access to information in the personnel records of the 
officer if the information— 
‘‘(A) relates to the investigation of alleged 
conduct that, if proven, would constitute or 
have constituted a definite violation of a statute 
providing for criminal penalties, but as to which 
no formal charge was brought; 
‘‘(B) contains letters of reference for the 
officer; 
‘‘(C) contains any portion of a test docu-
ment other than the results; 
‘‘(i) is of a personal nature about another 
officer, and if disclosure of that information in 
nonredacted form would constitute a clearly un-
warranted intrusion into the privacy rights of 
that other officer; or 
‘‘(D) is relevant to any pending claim 
brought by or on behalf of the officer against 
the employing agency of that officer that may 
be discovered in any judicial or administrative 
proceeding between the officer and the employer 
of that officer. 
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‘‘(o) 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. 
‘‘(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 
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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. 
‘‘(p) COURT OF JURISDICTION; JUDICIAL ENFORCE-
MENT.— 
‘‘(1) The appropriate State court in the State 
in which a law enforcement department is located 
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 relief to remedy the vio-
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lation and to prevent future violations of a like or 
similar nature, including the granting of a tem-
porary restraining order, preliminary, or permanent 
injunction prohibiting the law enforcement depart-
ment 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 
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. 
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‘‘(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. 
‘‘(q) LAW ENFORCEMENT AGENCIES RIGHT TO PRO-
TECT 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. 
‘‘(r) 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 Officer’s 
Procedural Bill of Rights Act of 2009, that confers 
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a right or a protection that equals or exceeds the 
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 
equals or exceeds a right or protection afforded by 
this section. 
‘‘(s) COLLECTIVE
BARGAINING
AGREEMENTS.— 
Nothing in this section may 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 Officer’s Procedural Bill of Rights Act of 
2009, that provides for substantially the same or a 
greater right or protection afforded under this sec-
tion; or 
‘‘(2) prohibit the negotiation of any additional 
right or protection for an officer who is subject to 
any collective bargaining agreement.’’. 
SEC. 4. PROHIBITION OF FEDERAL CONTROL OVER STATE 
AND LOCAL CRIMINAL JUSTICE AGENCIES. 
Nothing in this Act shall be construed to authorize 
any department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control of 
any police force or any criminal justice agency of any 
State or any political subdivision thereof. 
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SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
with respect to each State on the earlier of— 
(1) the date that is 2 years after the date of en-
actment of this Act; or 
(2) the last day of the second legislative session 
of the State that begins on or after the date of en-
actment of this Act. 
Æ 
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