To ensure that law enforcement officers and agencies are responsive to the public by establishing minimum standards designed to promote effective and responsible policing and to provide for the rights of law enforcement officers and citizens in alleged cases of police misconduct.
Law Enforcement Responsibility Act of 1991 - Title I: Police Accreditation - Permits law enforcement agencies (LEAs) of a State, unit of local government, or non-Federal public agency to apply for accreditation. Specifies that applications for accreditation may be filed with the Commission on Accreditation of Law Enforcement Agencies. Directs that: (1) a copy of such application be forwarded by the Commission to an Accreditation Coordinator (AC) at the Department of Justice; and (2) LEAs file the application for accreditation in good faith and use good faith efforts to assist in processing such application.
Gives the Attorney General discretion to provide financial and technical assistance to LEAs applying for accreditation, subject to specified limitations. Requires: (1) the Attorney General to appoint an AC to assist LEAs seeking Federal assistance in processing accreditation; and (2) the AC to provide those persons necessary to assist LEAs in processing applications for accreditation and to complete the accreditation process.
Authorizes the AC, upon request, to reimburse an LEA for any administrative costs incurred by the LEA in processing the application, provided that: (1) the LEA has requested assistance from the AC; (2) the AC did not furnish such assistance but did certify the agency as likely to benefit in terms of improved law enforcement from the process and as eligible for expense reimbursement; and (3) the LEA has successfully completed the accreditation process.
Title II: Civilian Protection in Cases of Police Misconduct - Requires State, local, and public LEAs to have procedures allowing citizen submission of sworn complaints regarding the action, or inaction, of the LEA, law enforcement officers of the LEA, or employees of the LEA.
Requires individual LEAs to provide, at a minimum, that: (1) the general public has access to required forms and information concerning the submission and disposition of sworn complaints; (2) the LEA assist individuals in filing complaints; (3) adequate records are maintained by the agency to allow regular monitoring of the nature and disposition of such cases; (4) the LEA has established written procedures for hearings; and (5) the complainant receives a written report on the final disposition of a complaint.
Specifies that any or all records required under this title may be sealed to prevent public disclosure provided that: (1) good cause has been shown by order of a court of competent jurisdiction; and (2) such order is a public record and states reasons for sealing.
Title III: Law Enforcement Officer's Responsibilities - Specifies that whenever a law enforcement officer (officer) is under formal investigation for alleged malfeasance, misfeasance, or nonfeasance of official duty with a view to possible disciplinary action, demotion, dismissal, suspension, or criminal charges (except with respect to questioning carried out as part of an LEA's routine supervision of an officer, summary discipline, administrative action, or emergency suspension), the following minimum standards shall apply: (1) the officer shall be informed in writing of all charges against such officer, the nature and purpose of the investigation, and the name, rank, and command of the person or persons conducting such investigation, and shall be given the opportunity to review any evidence or testimony relevant to the charges in the possession of the LEA; (2) except when the officer is requested to fulfill normal administrative duties or to provide the LEA with necessary reports on performance of duty, no adverse inference shall be drawn and no punitive action taken from a refusal of such officer to participate in the investigation; (3) such officer shall be informed in writing of the date, time, and location of such questioning, of all persons who will be present, and of the rights established by this Act; (4) no questioning of any officer shall be conducted except during the officer's regularly scheduled working hours, unless the officer otherwise agrees, when such questioning is part of a normal supervisory operating of the LEA, and in emergency or adverse situations; (5) any questioning shall be for a reasonable period of time, in a reasonable place, and shall allow for reasonable periods for the rest and personal necessities of such officer; and (6) such officer shall be entitled to the presence of a person of the officer's choice at any interrogation in connection with the formal investigation.
Sets forth additional provisions with respect to: (1) notice of disciplinary action; (2) entitlement to a hearing; (3) fair representation of officers on complaint review boards; and (4) protection of officers from retaliation for exercising rights established under this Act.
Title IV: General Provisions - Grants any citizen or officer the right to recover pecuniary and other damages, including but not limited to full reinstatement of an officer, from any person or agencies that violate the rights established by this Act.
Specifies that nothing in this Act shall: (1) disparage or impair any other legal remedy with respect to rights established by this Act or any other State or Federal law; or (2) be construed to preempt any State law which meets or exceeds the minimum requirements set forth by this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Crime and Criminal Justice.
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