| HB 0673 | Provides procedure for disciplinary actions against law enforcement officers |
SCS/HCS/HB 673 - This act revises laws regarding disciplinary actions against law enforcement officers. An officer must be furnished with a written statement regarding the reason for any punitive action, and citations from the written and distributed policies and procedures. The officer may request a hearing before the agency's board within five working days of receipt of the written reasons, which shall occur within five to ten days. Voting at the hearing shall be by secret ballot. The written results of the hearing shall be distributed to all parties.
If an officer is interrogated pursuant to an investigation, the interrogation shall be conducted at a reasonable hour, preferably while the officer in on duty. The officer must be informed of the nature of the investigation prior to interrogation, and shall be informed as to the identity and rank of participating parties. No offensive language, threats or promises of reward may be directed to the officer. The complete interrogation shall be recorded, and a copy shall be made available to the officer upon timely request. The officer has the right to be represented by counsel if formal charges have been filed, or if the investigation focuses on matters which are likely to result in punitive action. The interrogation protections do not apply if criminal charges have been filed against the officer.
The act does not prohibit temporary suspension pending investigation of any officer who reports for duty under the influence of alcohol, controlled substances, or an apparent mental or emotional disorder.
The law enforcement agency shall provide notice of
entitlement to a hearing before a hearing or grievance committee,
if punitive action is recommended. The officer may request a
hearing before the committee within five working days after
receiving the required written statement and citation to policy
and procedure. The committee may subpoena witnesses and evidence
at the hearing. Any action taken as a result of the hearing
shall be in writing, with findings of fact.
JOAN GUMMELS