Law Enforcement Officers Due Process Act of 1998

Summary

Law Enforcement Officers Due Process Act of 1998 - Provides for a 33 percent reduction in funds provided to a State under title I of the Omnibus Crime Control and Safe Streets Act of 1968 (the drug control and system improvement grant, or Byrne, program) unless, with respect to a law enforcement officer who is under investigation by an employing agency involving matters which could reasonably lead to such officer's dismissal, demotion, suspension, or transfer for punitive reasons: (1) the employing agency has written procedures to ensure that any such officer is afforded access to any existing administrative process established by the agency prior to the imposition of disciplinary action; and (2) such procedures include the right of a law enforcement officer under investigation to a hearing before a fair and impartial board or hearing officer, to be represented by an attorney or other officer at the officer's expense, to confront any witnesses testifying against such officer, and to record all meetings such officer attends. (Sec. 3) Exempts from this Act an employing agency that has in effect: (1) an established civil service system, agency review board, or civilian complaint or personnel board which meets or exceeds such minimum standards; or (2) other means of providing due process. (Sec. 4) Specifies that nothing herein shall prevent the immediate suspension with pay of any law enforcement officer: (1) whose continued presence on the job is considered to be a substantial and immediate threat to the welfare of the employing 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. Grants an officer, in a case that requires that officer's immediate suspension, the rights provided for under this Act, except that an officer's request to be heard by a complaint review board shall be made after the imposition of such suspension.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 2 October 1998

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• Introduced in House (PDF)

  Introduced in House · EN · 2 October 1998

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• Introduced in House

  summary · EN · 2 October 1998

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