plaint that the allegation or allegations,
even if true, would not constitute a viola-
tion of law; or
‘‘(ii) the complainant fails to comply
substantially with the law enforcement
agency’s complaint procedure 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.—Any law enforce-
ment officer who is the subject of an investigation shall
be notified of the investigation 24 hours prior to the com-
mencement of questioning or to otherwise being required
to provide information to an investigating agency. Such
notice shall include—
‘‘(1) the nature and scope of the investigation;
‘‘(2) a description of any allegation contained in
a written complaint;
‘‘(3) a description of each violation of law al-
leged in the complaint for which suspicion exists
that the officer may have engaged in conduct that
may subject the officer to disciplinary action; and
‘‘(4) the name, rank, and command of the offi-
cer or any other individual who will be conducting
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 of the officer’s choice,
such as an employee representative, or both,
immediately prior to and during the entire pe-
riod of any questioning session, unless the offi-
cer consents in writing to being questioned out-
side 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 representative, if such
consultation does not repeatedly and unneces-
sarily disrupt the questioning period.
‘‘(C) UNAVAILABILITY
OF
COUNSEL.—If
the law enforcement officer’s counsel or rep-
resentative is not available within 24 hours of
the time set for the commencement of any ques-
tioning of the 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 or indi-
viduals conducting 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.—Prior
to 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 officer’s coun-
sel or representative, 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.—All questioning of a law en-
forcement officer under an investigation shall be re-
corded in full, in writing or by electronic device, and
a copy of a transcript thereof shall be provided to
the officer under investigation prior to any subse-
quent period of questioning or the filing of any
charge against the officer who is the subject of the
investigation. To ensure the accuracy of the record-
ing, an officer may utilize a separate electronic re-
cording device, and a copy of any such recording (or
a transcript thereof) shall be provided to the public
agency conducting the questioning, if it 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 that person’s
designee shall notify the law enforcement officer who
was the subject of the investigation in writing of the
investigative findings and any recommendations for
disciplinary action.
‘‘(2) OPPORTUNITY TO SUBMIT WRITTEN RE-
SPONSE.—Not later than 30 days after receipt of a
notification under paragraph (1) and prior to the fil-
ing of any charge seeking the discipline of such offi-
cer or the commencement of any disciplinary pro-
ceeding under subsection (h), the law enforcement
officer who was the subject of the investigation may
submit a written response to the findings and rec-
ommendations included the notification. Such re-
sponse may also include references to additional doc-
uments, physical objects, witnesses, or any other in-
formation 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)),
prior to 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 set forth in this subsection, that the
enforcement officer committed a violation of law.
‘‘(3) TIME LIMIT.—No disciplinary charge may
be brought against a law enforcement officer,
unless—
‘‘(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
has 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 offi-
cer’s counsel or representative.
‘‘(4) NOTICE OF HEARING.—Unless waived in
writing by the officer or the officer’s counsel or rep-
resentative, not later than 30 days after the filing of
a disciplinary charge against a law enforcement offi-
cer, the law enforcement agency filing the charge
shall provide written notification to the law enforce-
ment 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 law enforcement officer’s counsel or rep-
resentative, and which shall take place not ear-
lier than 30 days and not later than 60 days
after notification of hearing to the law enforce-
ment officer 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 not a law enforcement officer.
‘‘(5) ACCESS TO DOCUMENTARY EVIDENCE AND
INVESTIGATIVE FILE.—Unless waived in writing by
the law enforcement officer or the officer’s counsel
or representative, not later than 15 days prior to 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 officer’s counsel or representative—
‘‘(A) not later than 15 days prior to a dis-
ciplinary hearing, the prosecuting agency shall
notify the law enforcement officer or the offi-
cer’s counsel or representative of all physical,
non-documentary evidence; and
‘‘(B) not later than 10 days prior to a dis-
ciplinary hearing, the prosecuting agency shall
provide a reasonable date, time, place, and
manner for the law enforcement officer or the
law enforcement officer’s counsel or representa-
tive to examine the evidence described in sub-
paragraph (A).
‘‘(7) IDENTIFICATION OF WITNESSES.—Unless
waived in writing by the law enforcement officer or
the officer’s counsel or representative, not later than
15 days prior to a disciplinary hearing, the pros-
ecuting agency shall notify the law enforcement offi-
cer or the officer’s counsel or representative, of the
name and address of each witness for the law en-
forcement agency employing the law enforcement of-
ficer.
‘‘(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 the officer’s behalf.
‘‘(9) HEARING BOARD AND PROCEDURE.—
‘‘(A) IN GENERAL.—A State or local gov-
ernment agency, other than the law enforce-