Law Enforcement Officers' Bill of Rights Act of 1995

Summary

Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 2 February 1995

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 2 February 1995

   Introduced

   Sponsor introductory remarks on measure. (CR S2047-2047)

   Source: IntroReferral

3. 2 February 1995

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 2 February 1995 · Download file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 2 February 1995

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 2 February 1995

  ViewDownloadOpen at official source

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• Introduced in Senate

  summary · EN · 2 February 1995

  Open at official source

  Leesvertaling

  Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.

  Vertaal naarNL · DutchDE · GermanFR · FrenchES · SpanishIT · ItalianPL · PolishPT · PortugueseSV · SwedishDA · DanishFI · FinnishEL · GreekCS · CzechHU · HungarianRO · RomanianBG · BulgarianHR · CroatianSK · SlovakSL · SlovenianLT · LithuanianLV · LatvianET · EstonianGA · IrishMT · Maltese

  Vertaal document

  Documentvertaling op verzoek met downloadbare PDF (logo + link naar de officiële bron). Het bronbestand blijft leidend.

Sponsors

• Sen. McConnell, Mitch [R-KY] · R · Sponsor
• Sen. Biden, Joseph R., Jr. [D-DE] · D · Sponsor
• Sen. Lott, Trent [R-MS] · R · Cosponsor
• Sen. Helms, Jesse [R-NC] · R · Cosponsor
• Sen. Campbell, Ben Nighthorse [R-CO] · R · Cosponsor
• Sen. Inhofe, James M. [R-OK] · R · Cosponsor
• · ssju00 · Standing

Related records

• related to → Law Enforcement Officers' Bill of Rights Act of 1995