S.2256 - State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2000106th Congress (1999-2000)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 03/21/2000)|
|Committees:||Senate - Judiciary|
|Latest Action:||03/21/2000 Read twice and referred to the Committee on the Judiciary.|
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Subject — Policy Area:
- Crime and Law Enforcement
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Summary: S.2256 — 106th Congress (1999-2000)All Bill Information (Except Text)
State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2000 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set forth the due process rights, including procedures, that shall be afforded a law enforcement officer (officer) who is the subject of an investigation or disciplinary hearing. Makes this Act inapplicable to: (1) an investigation of specifically alleged conduct by an officer that, if proven, would constitute a definite violation of a statute providing for criminal penalties; or (2) a non-disciplinary action taken in good faith on the basis of an officer's employment-related performance.
Introduced in Senate (03/21/2000)
Declares that an officer shall not be: (1) prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity, except when on duty or acting in an official capacity; and (2) prohibited from being a candidate for an elective office or from serving in such elective office solely because of the officer's status as an officer, or required to resign or take an unpaid leave from employment with a law enforcement agency (agency) to be a candidate for an elective office or to serve in an elective office unless such service is determined to conflict with or be incompatible with service as an officer. Considers an action by a public agency against an officer, including requiring the officer to take unpaid leave from employment, in violation of this Act to be an adverse personnel action.
Requires each agency to adopt and thereafter comply with a written complaint procedure that: (1) authorizes persons from outside the agency to submit written complaints about an officer to the agency employing the officer, or to any other agency charged with investigating such complaints; (2) sets forth the procedures for the investigation and disposition of such complaints; (3) provides for public access to required forms and other information concerning the submission and disposition of written complaints; and (4) requires notification to the complainant in writing of the final disposition of the complaint and the reasons for such disposition.
Requires (with exceptions) that an investigation based on a complaint from outside the agency commence not later than 15 days after receipt of the complaint by the agency employing the officer against whom the complaint has been made, or any other agency charged with investigating such complaint. Prohibits the complainant or victim of the alleged violation of law giving rise to an investigation from conducting or supervising the investigation or serving as an investigator.
Directs that any officer who is the subject of an investigation be notified of the investigation 24 hours prior to the commencement of questioning or to otherwise being required to provide information to an investigating agency. Specifies that 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 alleged 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 officer or any other individual who will be conducting the investigation.
Establishes rights of officers prior to and during questioning incidental to an investigation, including provisions regarding: (1) counsel and representation; (2) reasonable hours and time; (3) place of questioning; (4) identification of questioner; (5) single questioner; (6) reasonable time period; (7) absence of threats, false statements, or promises to be made (with an exception); (8) recording; and (9) use of honesty testing devices (prohibits compelled submission to the use of a lie detector).
Sets forth provisions regarding: (1) notice of investigative findings and disciplinary recommendation, and opportunity to submit a written response; (2) conduct of a disciplinary hearing; (3) waiver of rights; (4) summary punishment; (5) emergency suspension; (6) retaliation for exercising rights; (7) other remedies (not impaired); (8) declaratory and injunctive relief; (9) protection of officer personnel files; (10) States' rights; and (11) collective bargaining agreements.
(Sec. 4) Specifies that nothing in this Act shall be construed to authorize any U.S. department, agency, officer, or employee to exercise any direction, supervision, or control of any police force or criminal justice agency of any State or political subdivision thereof.