PRINTER'S NO. 2434
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1414
Session of
2019
INTRODUCED BY COX, BARRAR, BERNSTINE, DRISCOLL, JOZWIAK,
KAUFFMAN, KEEFER, KORTZ, READSHAW, STRUZZI AND WALSH,
SEPTEMBER 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 12, 2019
AN ACT
Providing for the rights of law enforcement officers concerning
certain complaints and grievances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Law
Enforcement Officers' Bill of Rights Act.
Section 2. Legislative intent.
The General Assembly recognizes the need for minimum
standards to protect the rights of law enforcement officers
beyond departmental procedures.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Interrogation." The formal and systematic questioning of a
law enforcement officer accused in a complaint of malfeasance,
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misfeasance or nonfeasance which may result in dismissal,
demotion, suspension, reduction in salary, written reprimand or
transfer for punitive purposes.
"Law enforcement officer" or "officer." A full-time law
enforcement officer of a police department or organization of
the Commonwealth or a political subdivision of the Commonwealth,
including, but not limited to, a law enforcement officer of the
Pennsylvania State Police, the Bureau of Liquor Control
Enforcement of the Pennsylvania State Police, a municipal police
department, the Capitol Police and a port authority.
"Malfeasance." The performance of an act which is unlawful.
"Misfeasance." The improper performance of a lawful act.
"Nonfeasance." The omission of an act which a person has a
legal duty to perform.
Section 4. Rights of law enforcement officers.
Whenever a law enforcement officer is under interrogation,
the following minimum standards shall apply:
(1) The interrogation shall be conducted when the
officer is on duty unless the seriousness of the
investigation is great enough that an immediate interrogation
is necessary. The officer shall be compensated for absence
from work as a result of an interrogation.
(2) The interrogation shall take place at the office of
the command of the investigating officer or the office of the
precinct or police unit or municipal building of the
municipality in which the incident allegedly occurred.
(3) The officer under interrogation shall be informed of
the name, rank and command of the officer or municipal
official in charge of the interrogation and the name, rank
and command of all persons who will be present during the
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interrogation.
(4) The officer under interrogation shall be informed of
the nature of the interrogation and the name of each
complainant or complainants at the outset of the
interrogation.
(5) No complaint shall be entertained unless it is sworn
to by each complainant before an official authorized to
administer oaths.
(6) The interrogation shall be for a reasonable period
and shall be timed to allow for personal necessities and rest
periods that are reasonably necessary.
(7) The officer under interrogation shall not be
subjected to offensive language or threatened with transfer,
dismissal or disciplinary action either directly or
indirectly.
(8) A written or mechanical record shall be made of the
entire interrogation.
(9) If the officer under interrogation is under arrest,
or is likely to be placed under arrest, the officer shall be
informed of the officer's rights prior to the commencement of
the interrogation.
(10) The officer under interrogation shall have the
right to be represented by counsel or other representative of
the officer's choice who shall be present at all times during
the interrogation.
Section 5. Civil suits by law enforcement officers.
A law enforcement officer may initiate and maintain an action
against a person or municipality for damages suffered or for the
abridgment of civil rights when a complaint filed by the person
or municipality against the officer is found to be without merit
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or is made with the intent to cause damage or loss of
employment.
Section 6. Notice of disciplinary action and polygraphs.
(a) Notice.--No dismissal, demotion, transfer, reassignment
or other personnel action which may result in a loss of pay or
benefits or which is a punitive measure shall be taken against a
law enforcement officer unless the officer is notified of the
action and provided with the reasons for the action prior to the
effective date of the action.
(b) Adverse comments.--
(1) No officer shall have a comment adverse to the
officer's interest entered in the officer's personnel file or
a record kept at the officer's place or unit of employment
without giving the officer an opportunity to first read and
sign the instrument containing the adverse comment in order
to indicate that the officer is aware that the comment is
being entered in the officer's personnel file or other place
of recordation.
(2) If, after reading the instrument containing the
adverse comment, the officer refuses to sign it, the entry
may still be made. A witness shall then note that the officer
was presented with the opportunity to read and sign the
instrument and refused to do so.
(c) Response.--An officer shall have 30 days to file a
written response to an adverse comment entered in the officer's
personnel file. The written response, if any, shall be attached
to, and shall accompany, the adverse comment.
(d) Polygraph.--
(1) No officer shall be compelled to submit to a
polygraph examination against the officer's will. No
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disciplinary action or other recrimination shall be taken
against an officer for refusing to submit to a polygraph
examination, nor shall a comment be entered anywhere in the
investigator's notes or elsewhere that the officer refused to
take a polygraph examination.
(2) No testimony or evidence shall be admissible at a
subsequent hearing, trial or proceeding, whether judicial or
administrative, to the effect that the officer refused to
take a polygraph examination.
Section 7. Retaliation for exercising rights.
(a) Punitive measures.--No law enforcement officer shall be
discharged, disciplined, demoted or denied promotion, transfer
or reassignment, or be discriminated against in regard to the
officer's employment or threatened as a result of the exercise
of constitutional rights.
(b) Appeal.--No dismissal, demotion or denial of promotion
shall be undertaken by a public agency without providing the
officer with an opportunity for administrative appeal.
Section 8. Personal privacy.
(a) Disclosure.--
(1) Except as provided in paragraph (2), no law
enforcement officer shall be required for purposes of job
assignment or personnel action to disclose information as to
property, income, assets, source of income, debts or personal
or domestic expenditures, including those of a member of the
officer's family or household, unless the information is
obtained under proper legal procedure.
(2) Paragraph (1) shall not apply if there is a conflict
of interest with respect to the performance of the officer's
official duties or it is necessary for the agency to
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ascertain the desirability of assigning the officer to a
specialized unit in which there is a strong possibility that
bribes or other improper inducements may be offered.
(b) Search of lockers.--
(1) No locker or other space for storage that may be
assigned to the officer shall be searched except in the
officer's presence and with the officer's consent in writing
or a valid search warrant has been obtained.
(2) A person from whom consent is requested shall be
informed of the right to deny the consent.
(3) This subsection shall apply only to a locker or
other space for storage that is owned by the employing
agency.
Section 9. Effective date.
This act shall take effect in 60 days.
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