‘‘(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 the term does not include a law 
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, whether in writ-
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’ 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) SUMMARY PUNISHMENT.—The term ‘sum-
mary punishment’ means punishment imposed— 
‘‘(A) for a violation of law that does not 
result in any disciplinary action; or 
‘‘(B) for a violation of law that has been 
negotiated and agreed upon by the law enforce-
ment 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 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-
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 
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— 
‘‘(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 
‘‘(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. 
‘‘(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-
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.
‘‘(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.—Any 
questioning of a law enforcement officer under inves-
tigation shall be conducted at a reasonable time 
when the officer is on duty, unless exigent cir-
cumstances compel more immediate questioning, or 
the officer agrees in writing to being questioned at 
a different time, subject to the requirements of sub-
sections (e) and (f)(1). 
‘‘(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 
enforcement agency employing the officer under 
investigation; or
‘‘(B) the place at which the officer under 
investigation reports for duty. 
‘‘(4) IDENTIFICATION OF QUESTIONER.—Before 
the commencement of any questioning, a law en-
forcement officer under investigation shall be in-
formed of— 
‘‘(A) the name, rank, and command of the 
officer or other individual who will conduct the 
questioning; and 
‘‘(B) the relationship between the indi-
vidual conducting the questioning and the law 
enforcement agency employing the officer under 
investigation. 
‘‘(5) SINGLE QUESTIONER.—During any single 
period of questioning of a law enforcement officer 
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— 
‘‘(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-
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 
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. 
‘‘(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 
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— 
‘‘(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. 
‘‘(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, non-documentary evidence; and 
‘‘(B) not later than 10 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