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106th CONGRESS
2d Session
S. 3221
To provide grants to law enforcement agencies that ensure that law
enforcement officers employed by such agencies are afforded due process
when involved in a case that may lead to dismissal, demotion,
suspension, or transfer.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19 (legislative day, September 22), 2000
Mr. Edwards introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide grants to law enforcement agencies that ensure that law
enforcement officers employed by such agencies are afforded due process
when involved in a case that may lead to dismissal, demotion,
suspension, or transfer.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Due Process
Act of 2000''.
SEC. 2. PROTECTION FOR LAW ENFORCEMENT OFFICERS.
(a) Program Authorized.--The Attorney General is authorized to
provide grants to law enforcement agencies that are eligible under
subsection (b).
(b) Eligibility.--To be eligible to receive a grant under this
section, a law enforcement agency shall--
(1) have in effect an administrative process that complies
with the requirements of subsection (c) or an existing
procedure described in subsection (e); or
(2) certify that it will establish, not later than 2 years
after the date of enactment of this Act, an administrative
process that complies with the requirements of subsection (c).
(c) Officer Rights.--The administrative process referred to in
subsection (b) shall require that a law enforcement agency that
investigates a law enforcement officer for matters which could
reasonably lead to disciplinary action against such officer, including
dismissal, demotion, suspension, or transfer provide recourse for the
officer that, at a minimum, includes the following:
(1) Access to administrative process.--The agency has
written procedures to ensure that any law enforcement officer
is afforded access to any existing administrative process
established by the employing agency prior to the imposition of
any such disciplinary action against the officer.
(2) Specific procedures.--The procedures used under
paragraph (1) include, the right of a law enforcement officer
under investigation--
(A) to a hearing before a fair and impartial board
or hearing officer;
(B) to be represented by an attorney or other
officer at the expense of such officer;
(C) to confront any witness testifying against such
officer; and
(D) to record all meetings in which such officer
attends.
(d) Immediate Suspension.--Nothing in this section shall prevent
the immediate suspension with pay of a law enforcement officer--
(1) whose continued presence on the job is considered to be
a substantial and immediate threat to the welfare of the law
enforcement agency or the public;
(2) who refuses to obey a direct order issued in
conformance with the agency's written and disseminated rules
and regulations; or
(3) who is accused of committing an illegal act.
(e) Existing Procedures.--The provisions of this section shall not
apply to a law enforcement agency if the Attorney General determines
that such agency has in effect an established civil service system,
agency review board, grievance procedure or personnel board, which
meets or exceeds the minimum standards of subsection (c).
(f) Distribution of Funds.--From the amount made available to carry
out this section, the Attorney General shall allocate--
(1) 50 percent for law enforcement agencies that are
eligible under paragraph (1) of subsection (b); and
(2) 50 percent for law enforcement agencies that are
eligible under paragraph (2) of subsection (b).
(g) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section.
(h) Definitions.--For purposes of this section--
(1) the term ``law enforcement agency'' means any State or
unit of local government within the State that employs law
enforcement officers; and
(2) the term ``law enforcement officer'' means an officer
with the powers of arrest as defined by the laws of each State
and required to be certified under the laws of such State.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2001
and such sums as may be necessary for each of the 4 succeeding fiscal
years.
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