H.R.1789 - State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2011112th Congress (2011-2012)
|Sponsor:||Rep. Paulsen, Erik [R-MN-3] (Introduced 05/05/2011)|
|Committees:||House - Judiciary|
|Latest Action:||06/01/2011 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (All Actions)|
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Summary: H.R.1789 — 112th Congress (2011-2012)All Information (Except Text)
Introduced in House (05/05/2011)
State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2011 - 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.
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: (1) each state or local law enforcement agency to adopt and comply with a written complaint procedure that meets specified requirements, (2) an investigation based on a complaint from outside the agency about a law enforcement officer to commence not later than 15 days after receipt of the complaint by such agency or by any other agency charged with investigating such complaint, and (3) any officer who is the subject of an investigation to be notified of the investigation 24 hours before the commencement of questioning.
Grants procedural protections to officers subjected to questioning incidental to an investigation that may result in disciplinary action, including: (1) the right to effective counsel, (2) the right to be questioned at a reasonable hour, (3) written notice of investigative findings and disciplinary recommendations and the right to submit a written response, and (4) access to the complete file of the investigation and the right to examine physical evidence. Prohibits an officer from being compelled to submit to the use of a lie detector.
Sets forth requirements and procedures for conducting disciplinary proceedings and for protecting the officer's personnel records.