I
106TH CONGRESS
1ST SESSION
H. R. 3299
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
insure that law enforcement officers are afforded due process when
involved in a case that may lead to dismissal, demotion, suspension,
or transfer.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. BARR
of Georgia (for himself, Mr. BISHOP, Mr. CRAMER, Mr.
CHAMBLISS, Mrs. MYRICK, Mr. NORWOOD, Mr. JONES of North Carolina,
Mr. DUNCAN, and Mr. WAMP) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend the Omnibus Crime Control and Safe Streets
Act of 1968 to insure that law enforcement officers 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 1999’’.
SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting after
section 509 the following new section:
‘‘SEC. 509A. DUE PROCESS FOR LAW ENFORCEMENT OFFI-
CERS.
‘‘(a) STATE REQUIREMENT.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (d), each State that receives funds under sec-
tion 506 in a fiscal year shall reserve, for distribu-
tion to law enforcement agencies in accordance with
paragraph (2), not less than 5 percent of such
funds.
‘‘(2) INCENTIVE
PROGRAM.—The State shall
provide incentive grants, on an equitable basis from
funds reserved under paragraph (1), to each law en-
forcement agency in the State that establishes, not
later than 2 years after the date of the enactment
of the Law Enforcement Officers Due Process Act
of 1999, an administrative process that complies
with the requirements of subsection (b).
‘‘(b) OFFICER RIGHTS.—The administrative process
referred to in subsection (a) shall require, except as pro-
vided in subsection (c), that a law enforcement agency
that investigates a law enforcement officer 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 min-
imum, 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.
‘‘(c) 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
considered 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 dis-
seminated rules and regulations; or
‘‘(3) who is accused of committing an illegal
act.
‘‘(d) 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
(b).
‘‘(e) REGULATIONS.—The Attorney General may pre-
scribe such regulations as may be necessary to carry out
this section.
‘‘(f) 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.’’.
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