A bill to amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to encourage States to enact a Law Enforcement Officers' Bill of Rights, to provide standards and protection for the conduct of internal police investigations, and for other purposes.
Law Enforcement Officers' Bill of Rights Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except if on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity.
Sets forth minimum standards that apply if an officer is under investigation that could lead to disciplinary action. Includes as rights of officers under investigation, the right to be notified of the investigation within a reasonable time after the commencement of the investigation and to be informed in writing of the investigative findings and any recommendation for disciplinary action. Requires that the questioning of such an officer be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation not less than 72 hours before any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel). Requires, with respect to an investigation of a law enforcement officer that results in a recommendation of disciplinary action, notice of an opportunity for a hearing, a determination of a violation, time limits for filing disciplinary charges, and notice of the filing of charges. Sets forth additional disciplinary action provisions regarding representation entitlement, provision of a hearing board and procedures, access to evidence, identification of witnesses, entitlement to a copy of the investigative file (except that the law enforcement agency may exclude confidential sources unless the officer is entitled to such sources), examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals.
Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer.
Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1553-1556)
Read twice and referred to the Committee on Judiciary.
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