SB 7
Creates the "Law Enforcement Officers' Bill of Rights"
Sponsor:
LR Number:
5804S.01I
Last Action:
8/7/2020 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee
Journal Page:
S34
Title:
Calendar Position:
Effective Date:
90 days after adjournment

Current Bill Summary

SB 7 - This act creates the "Law Enforcement Officers' Bill of Rights". The provisions of this act do not apply to an officer serving in a probationary period or to the highest ranking officer of any law enforcement agency.

This act provides that when a law enforcement officer is under investigation which would lead to disciplinary action, demotion, dismissal, or transfer, the investigation shall include the following conditions:

• The law enforcement officer shall be informed in writing of the existence and nature of the alleged violation and who will be conducting the investigation;

• Any complaint filed shall be supported by an affidavit and if information in the affidavit is false then it shall be presented to a prosecuting or circuit attorney;

• Any investigation shall be conducted for a reasonable length of time, allow reasonable breaks for the officer, and only while the officer is on duty unless any exigent circumstances prevent such questioning while on duty;

• Any investigation shall be conducted at a secure location at the agency that is conducting the investigation or the office of the officer unless the officer consents to another location;

• The law enforcement officer shall be questioned by a single investigator and shall be informed of the name and rank of the questioning officer;

• Law enforcement officers shall not be threatened, harassed, or promised rewards for answering questions;

• Law enforcement officers are entitled to have an attorney or other individual of their choice present during questioning;

• A complete record of the investigation shall be kept by the agency and a copy shall be provided to the officer upon request;

• The agency conducting the investigation shall have 90 days to complete such investigation;

• The officer shall be informed in writing of the investigative findings and any recommendations for further action; and

• All records shall be confidential.

Any law enforcement officer suspended without pay shall be entitled to a full due process hearing as provided in the act.

This act is identical to SB 1053 (2020) and substantially similar to HB 1889 (2020).

MARY GRACE BRUNTRAGER

Amendments

No Amendments Found.