I
106TH CONGRESS
2D SESSION
H. R. 4550
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 25, 2000
Mr. BARR of Georgia (for himself, Mr. CRAMER, Mr. WAMP, Mrs. MYRICK,
Mr. PRICE of North Carolina, and Mr. COLLINS) 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 2000’’.
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
an existing procedure described in subsection (e); 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) EXISTING PROCEDURES.—The provisions of this
section shall not apply to a law enforcement agency if the
Attorney General determines that such agency has in ef-
fect an established civil service system, agency review
board, grievance procedure or personnel board, which
meets or exceeds the minimum standards of subsection
(c).
(f) DISTRIBUTION OF FUNDS.—From the amount
made available to carry out this section, the Attorney Gen-
eral shall allocate—
(1) 50 percent for law enforcement agencies
that are eligible under paragraph (1) of subsection
(b); and
(2) 50 percent for law enforcement agencies
that are eligible under paragraph (2) of subsection
(b).
(g) REGULATIONS.—The Attorney General may pre-
scribe such regulations as may be necessary to carry out
this section.
(h) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘law enforcement agency’’ means
any State or unit of local government within the
State that employs law enforcement officers; and
(2) the term ‘‘law enforcement officer’’ means
an officer with the powers of arrest as defined by
the laws of each State and required to be certified
under the laws of such State.
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
Æ