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                                                       PRINTER'S NO. 405

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 391 Session of 2003


        INTRODUCED BY GREENLEAF, COSTA, ORIE, SCHWARTZ, RAFFERTY,
           ERICKSON, LAVALLE, WOZNIAK, TARTAGLIONE AND STACK,
           MARCH 4, 2003

        REFERRED TO JUDICIARY, MARCH 4, 2003

                                     AN ACT

     1  Providing for the rights of law enforcement officers concerning
     2     certain complaints and grievances.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Law
     7  Enforcement Officers' Bill of Rights.
     8  Section 2.  Legislative intent.
     9     The General Assembly recognizes the need for minimum
    10  standards to protect the rights of law enforcement officers
    11  beyond departmental procedures.
    12  Section 3.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Interrogation."  The formal and systematic questioning of a
    17  law enforcement officer accused in a complaint of malfeasance,


     1  misfeasance or nonfeasance which may result in dismissal,
     2  demotion, suspension, reduction in salary, written reprimand or
     3  transfer for punitive purposes.
     4     "Law enforcement officer."  A full-time law enforcement
     5  officer of a police department or organization of the
     6  Commonwealth or a political subdivision thereof, including, but
     7  not limited to, a law enforcement officer of the Pennsylvania
     8  State Police, a municipal police department, the Capitol Police,
     9  Liquor Control Board Enforcement Division and the port
    10  authorities.
    11     "Malfeasance."  The doing of an act which is unlawful.
    12     "Misfeasance."  The improper performance of a lawful act.
    13     "Nonfeasance."  The omission of an act which a person has a
    14  legal duty to perform.
    15  Section 4.  Rights of law enforcement officers.
    16     Whenever a law enforcement officer is under interrogation the
    17  following minimum standards shall apply:
    18         (1)  The interrogation shall be conducted when the
    19     officer is on duty unless the seriousness of the
    20     investigation is such that an immediate interrogation is
    21     necessary. The officer shall be compensated for absence from
    22     work as a result of an interrogation.
    23         (2)  The interrogation shall take place at the office of
    24     the command of the investigating officer or the office of the
    25     precinct or police unit or municipal building of the
    26     municipality in which the incident allegedly occurred.
    27         (3)  The officer under interrogation shall be informed of
    28     the name, rank and command of the officer or municipal
    29     official in charge of the interrogation, and the name, rank
    30     and command of any and all persons who will be present during
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     1     the interrogation.
     2         (4)  The officer under interrogation shall be informed of
     3     the nature of the interrogation and the name or names of the
     4     complainant or complainants at the outset of the
     5     interrogation.
     6         (5)  No complaint shall be entertained unless it is sworn
     7     to by the complainant or complainants before an official
     8     authorized to administer oaths.
     9         (6)  The interrogation shall be for a reasonable period
    10     and shall be timed to allow for such personal necessities and
    11     rest periods as are reasonably necessary.
    12         (7)  The officer under interrogation shall not be
    13     subjected to offensive language or threatened with transfer,
    14     dismissal or disciplinary action either directly or
    15     indirectly.
    16         (8)  A written or mechanical record shall be made of the
    17     entire interrogation.
    18         (9)  If the officer under interrogation is under arrest,
    19     or is likely to be placed under arrest, he shall be informed
    20     of his rights prior to the commencement of the interrogation.
    21         (10)  The officer under interrogation shall have the
    22     right to be represented by counsel or other representative of
    23     his choice who shall be present at all times during the
    24     interrogation.
    25  Section 5.  Civil suits by officers.
    26     A law enforcement officer may initiate and maintain an action
    27  against any person or municipality for damages suffered or for
    28  the abridgment of civil rights when a complaint filed against
    29  the officer is found to be without merit or is made with the
    30  intent to cause damage or loss of employment.
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     1  Section 6.  Notice of disciplinary action and polygraphs.
     2     (a)  Notice.--No dismissal, demotion, transfer, reassignment
     3  or other personnel action which may result in a loss of pay or
     4  benefits or which is a punitive measure shall be taken against a
     5  law enforcement officer unless the officer is notified thereof
     6  and provided with the reasons therefor prior to the effective
     7  date of such action.
     8     (b)  Adverse comments.--
     9         (1)  No officer shall have any comment adverse to his
    10     interest entered in his personnel file, or any record kept at
    11     his place or unit of employment, without the officer having
    12     first read and signed the instrument containing the adverse
    13     comment indicating he is aware that such comment is being
    14     placed in his personnel file or other place of recordation.
    15         (2)  An entry may be made only if, after reading the
    16     instrument containing an adverse comment, the officer refuses
    17     to sign it. A witness shall thereafter note that the officer
    18     was presented with the opportunity to read and sign the
    19     instrument and refused to do so.
    20     (c)  Response.--An officer shall have 30 days within which to
    21  file a written response to any adverse comment entered in his
    22  personnel file. Written response shall be attached to, and shall
    23  accompany, the adverse comment.
    24     (d)  Polygraph.--
    25         (1)  No officer shall be compelled to submit to a
    26     polygraph examination against his will. No disciplinary
    27     action or other recrimination shall be taken against an
    28     officer for refusing to submit to a polygraph examination,
    29     nor shall any comment be entered anywhere in the
    30     investigator's notes or elsewhere that the officer refused to
    20030S0391B0405                  - 4 -     

     1     take a polygraph examination.
     2         (2)  No testimony or evidence shall be admissible at a
     3     subsequent hearing, trial or proceeding, judicial or
     4     administrative, to the effect that the officer refused to
     5     take a polygraph examination.
     6  Section 7.  Retaliation for exercising rights.
     7     (a)  Punitive measures.--No law enforcement officer shall be
     8  discharged, disciplined, demoted or denied promotion, transfer
     9  or reassignment, or be discriminated against in regard to his
    10  employment, or be threatened as a result of the exercise of
    11  constitutional rights.
    12     (b)  Appeal.--No dismissal or demotion, nor denial of
    13  promotion, shall be undertaken by any public agency without
    14  providing the officer with an opportunity for administrative
    15  appeal.
    16  Section 8.  Personal privacy.
    17     (a)  Disclosure.--
    18         (1)  Except as provided in paragraph (2), no officer
    19     shall be required for purposes of job assignment or personnel
    20     action to disclose information as to property, income,
    21     assets, source of income, debts, personal or domestic
    22     expenditures, including those of any member of his family or
    23     household, unless the information is obtained under proper
    24     legal procedure.
    25         (2)  Paragraph (1) shall not apply if there is a conflict
    26     of interest with respect to the performance of the officer's
    27     official duties, or it is necessary for the agency to
    28     ascertain the desirability of assigning the officer to a
    29     specialized unit in which there is a strong possibility that
    30     bribes or other improper inducements may be offered.
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     1     (b)  Search of lockers.--No officer shall have his locker, or
     2  other space for storage that may be assigned to him, searched
     3  except in his presence, and with his consent in writing, or
     4  unless a valid search warrant has been obtained. This subsection
     5  shall apply only to a locker or other space for storage that is
     6  owned by the employing agency. Any person from whom consent is
     7  requested shall be told that he has the right to deny the
     8  consent.
     9  Section 9.  Effective date.
    10     This act shall take effect in 60 days.














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