SB 1053
Creates the "Law Enforcement Officers' Bill of Rights"
Sponsor:
LR Number:
5614S.01I
Last Action:
5/1/2020 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee
Journal Page:
Title:
Calendar Position:
Effective Date:
August 28, 2020

Current Bill Summary

SB 1053 - 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 substantially similar to HB 1889 (2020).

MARY GRACE BRUNTRAGER

Amendments

No Amendments Found.