S.718 - State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2005109th Congress (2005-2006)
|Sponsor:||Sen. Biden, Joseph R., Jr. [D-DE] (Introduced 04/06/2005)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 04/06/2005 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3284-3288) (All Actions)|
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Summary: S.718 — 109th Congress (2005-2006)All Information (Except Text)
State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2005 - 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.
Introduced in Senate (04/06/2005)
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, with exceptions.
Requires that: (1) each agency adopt and thereafter comply with a written complaint procedure that meets specified requirements; and (2) 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.
Directs that any officer who is the subject of an investigation be notified of the investigation 24 hours before the commencement of questioning. Establishes rights of officers before and during questioning, including the right to counsel. Requires questioning to be conducted at reasonable hours. Prohibits an officer from being compelled to submit to the use of a lie detector.