‘‘(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 
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‘‘(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. 
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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.—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 
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‘‘(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. 
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‘‘(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.— 
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‘‘(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 
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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.— 
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‘‘(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 
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‘‘(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-
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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 
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‘‘(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 
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enforcement agency employing the law enforcement 
officer. 
‘‘(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; 
‘‘(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. 
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‘‘(B) PEER REPRESENTATION ON DISCIPLI-
NARY HEARING BOARD.—A disciplinary hearing 
board that includes employees of the law en-
forcement agency employing the law enforce-
ment officer who is the subject of the hearing, 
shall include not less than 1 law enforcement 
officer of equal or lesser rank to the officer who 
is the subject of the hearing. 
‘‘(10) SUMMONSES AND SUBPOENAS.— 
‘‘(A) IN GENERAL.—The disciplinary hear-
ing board or independent hearing officer— 
‘‘(i) shall have the authority to issue 
summonses or subpoenas, on behalf of— 
‘‘(I) the law enforcement agency 
employing the officer who is the sub-
ject of the hearing; or 
‘‘(II) the law enforcement officer 
who is the subject of the hearing; and 
‘‘(ii) upon written request of either 
the agency or the officer, shall issue a 
summons or subpoena, as appropriate, to 
compel the appearance and testimony of a 
witness or the production of documentary 
evidence. 
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‘‘(B) EFFECT
OF
FAILURE
TO
COMPLY 
WITH SUMMONS OR SUBPOENA.—With respect 
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 audio tape, video tape, 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 of law, 
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; 
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‘‘(B) the rule, regulation, order, or proce-
dure that the officer who is the subject of the 
charge allegedly violated is reasonable; 
‘‘(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, order, or procedure 
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) NO COMMISSION OF A VIOLATION.—If the 
officer who is the subject of the disciplinary hearing 
is found not to have committed the alleged viola-
tion— 
‘‘(A) the matter is concluded; 
‘‘(B) no disciplinary action may be taken 
against the officer; 
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‘‘(C) the personnel file of that officer shall 
not contain any reference to the charge for 
which the officer was found not guilty; and 
‘‘(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, or other premium pay opportunities, and 
lost promotional opportunities. 
‘‘(19) COMMISSION 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. 
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‘‘(20) APPEAL.—Any officer who has been 
found to have committed an alleged violation may 
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 collective 
bargaining agreement. 
‘‘(i) 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 
‘‘(ii) the counsel or representative of 
the officer, if expressly authorized by sub-
section (h). 
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‘‘(j) SUMMARY PUNISHMENT.—Nothing in this sec-
tion shall preclude a public agency from imposing sum-
mary punishment. 
‘‘(k) EMERGENCY SUSPENSION.—Nothing in this 
section may be construed to preclude a law enforcement 
agency from imposing an emergency suspension on a law 
enforcement officer, except that any such suspension 
shall— 
‘‘(1) be followed by a hearing in accordance 
with the requirements of subsection (h); and 
‘‘(2) not deprive the affected officer of any pay 
or benefit. 
‘‘(l) 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 sec-
tion. 
‘‘(m) 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. 
‘‘(n) DECLARATORY OR INJUNCTIVE RELIEF.—A law 
enforcement officer who is aggrieved by a violation of, or 
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is otherwise denied any right afforded by, the Constitution 
of the United States, a State constitution, this section, 
or any administrative rule or regulation promulgated pur-
suant thereto, may file suit in any Federal or State court 
of competent jurisdiction for declaratory or injunctive re-
lief to prohibit the law enforcement agency from violating 
or otherwise denying such right, and such court shall have 
jurisdiction, for cause shown, to restrain such a violation 
or denial. 
‘‘(o) PROTECTION OF LAW ENFORCEMENT OFFICER 
PERSONNEL FILES.— 
‘‘(1) RESTRICTIONS
ON
ADVERSE
MATERIAL 
MAINTAINED IN OFFICERS’ PERSONNEL RECORDS.— 
‘‘(A) IN GENERAL.—Unless the officer has 
had an opportunity to review and comment, in 
writing, on any adverse material included in a 
personnel record relating to the officer, no law 
enforcement agency or other governmental enti-
ty may— 
‘‘(i) include the adverse material in 
that personnel record; or 
‘‘(ii) possess or maintain control over 
the adverse material in any form as a per-
sonnel record within the law enforcement 
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agency or elsewhere in the control of the 
employing governmental entity. 
‘‘(B) RESPONSIVE
MATERIAL.—Any re-
sponsive material provided by an officer to ad-
verse material included in a personnel record 
pertaining to the officer shall be— 
‘‘(i) attached to the adverse material; 
and 
‘‘(ii) released to any person or entity 
to whom the adverse material is released in 
accordance with law and at the same time 
as the adverse material is released. 
‘‘(2) RIGHT TO INSPECTION OF, AND RESTRIC-
TIONS ON ACCESS TO INFORMATION IN, THE OFFI-
CER’S OWN PERSONNEL RECORDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a law enforcement officer shall have 
the right to inspect all of the personnel records 
of the officer not less than annually. 
‘‘(B) RESTRICTIONS.—A law enforcement 
officer shall not have access to information in 
the personnel records of the officer if the infor-
mation— 
‘‘(i) relates to the investigation of al-
leged conduct that, if proven, would con-
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stitute or have constituted a definite viola-
tion of a statute providing for criminal 
penalties, but as to which no formal charge 
was brought; 
‘‘(ii) contains letters of reference for 
the officer; 
‘‘(iii) contains any portion of a test 
document other than the results; 
‘‘(iv) is of a personal nature about an-
other officer, and if disclosure of that in-
formation in non-redacted form would con-
stitute a clearly unwarranted intrusion into 
the privacy rights of that other officer; or 
‘‘(v) is relevant to any pending claim 
brought by or on behalf of the officer 
against the employing agency of that offi-
cer that may be discovered in any judicial 
or administrative proceeding between the 
officer and the employer of that officer. 
‘‘(p) STATES’ RIGHTS.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
may be construed— 
‘‘(A) 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 State and Local 
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Law Enforcement Discipline, Accountability, 
and Due Process Act of 2007, that confers a 
right or a protection that equals or exceeds the 
right or protection afforded by this section; or 
‘‘(B) to prohibit the enactment of any 
State or local law that confers a right or protec-
tion that equals or exceeds a right or protection 
afforded by this section. 
‘‘(2) STATE OR LOCAL LAWS PREEMPTED.—A 
State or local law, or any provision of a State or 
local law, that confers fewer rights or provides less 
protection for a law enforcement officer than any 
provision in this section shall be preempted by this 
section. 
‘‘(q) 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 State and Local 
Law Enforcement Discipline, Accountability, and 
Due Process Act of 2007, that provides for substan-
tially the same or a greater right or protection af-
forded under this section; or 
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‘‘(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. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
with respect to each State on the earlier of— 
(1) 2 years after the date of enactment of this 
Act; or 
(2) the conclusion of the second legislative ses-
sion of the State that begins on or after the date of 
enactment of this Act. 
Æ 
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