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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, RAFFERTY, TARTAGLIONE, FONTANA, BRUBAKER, ORIE, ALLOWAY, STACK, WARD AND LOGAN, APRIL 3, 2009 |
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| REFERRED TO LAW AND JUSTICE, APRIL 3, 2009 |
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| AN ACT |
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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 Act. |
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, |
18 | misfeasance or nonfeasance which may result in dismissal, |
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1 | demotion, suspension, reduction in salary, written reprimand or |
2 | transfer for punitive purposes. |
3 | "Law enforcement officer" or "officer." A full-time law |
4 | enforcement officer of a police department or organization of |
5 | the Commonwealth or a political subdivision thereof, including, |
6 | but not limited to, a law enforcement officer of the |
7 | Pennsylvania State Police, the Bureau of Liquor Control |
8 | Enforcement of the Pennsylvania State Police, a municipal police |
9 | department, the Capitol Police and the port authorities. |
10 | "Malfeasance." The performance of an act which is unlawful. |
11 | "Misfeasance." The improper performance of a lawful act. |
12 | "Nonfeasance." The omission of an act which a person has a |
13 | legal duty to perform. |
14 | Section 4. Rights of law enforcement officers. |
15 | Whenever a law enforcement officer is under interrogation, |
16 | the following minimum standards shall apply: |
17 | (1) The interrogation shall be conducted when the |
18 | officer is on duty unless the seriousness of the |
19 | investigation is such that an immediate interrogation is |
20 | necessary. The officer shall be compensated for absence from |
21 | work as a result of an interrogation. |
22 | (2) The interrogation shall take place at the office of |
23 | the command of the investigating officer or the office of the |
24 | precinct or police unit or municipal building of the |
25 | municipality in which the incident allegedly occurred. |
26 | (3) The officer under interrogation shall be informed of |
27 | the name, rank and command of the officer or municipal |
28 | official in charge of the interrogation, and the name, rank |
29 | and command of any and all persons who will be present during |
30 | the interrogation. |
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1 | (4) The officer under interrogation shall be informed of |
2 | the nature of the interrogation and the name or names of the |
3 | complainant or complainants at the outset of the |
4 | interrogation. |
5 | (5) No complaint shall be entertained unless it is sworn |
6 | to by the complainant or complainants before an official |
7 | authorized to administer oaths. |
8 | (6) The interrogation shall be for a reasonable period |
9 | and shall be timed to allow for such personal necessities and |
10 | rest periods as are reasonably necessary. |
11 | (7) The officer under interrogation shall not be |
12 | subjected to offensive language or threatened with transfer, |
13 | dismissal or disciplinary action either directly or |
14 | indirectly. |
15 | (8) A written or mechanical record shall be made of the |
16 | entire interrogation. |
17 | (9) If the officer under interrogation is under arrest, |
18 | or is likely to be placed under arrest, he shall be informed |
19 | of his rights prior to the commencement of the interrogation. |
20 | (10) The officer under interrogation shall have the |
21 | right to be represented by counsel or other representative of |
22 | his choice who shall be present at all times during the |
23 | interrogation. |
24 | Section 5. Civil suits by law enforcement officers. |
25 | A law enforcement officer may initiate and maintain an action |
26 | against any person or municipality for damages suffered or for |
27 | the abridgment of civil rights when a complaint filed against |
28 | the officer is found to be without merit or is made with the |
29 | intent to cause damage or loss of employment. |
30 | Section 6. Notice of disciplinary action and polygraphs. |
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1 | (a) Notice.--No dismissal, demotion, transfer, reassignment |
2 | or other personnel action which may result in a loss of pay or |
3 | benefits or which is a punitive measure shall be taken against a |
4 | law enforcement officer unless the officer is notified thereof |
5 | and provided with the reasons therefor prior to the effective |
6 | date of such action. |
7 | (b) Adverse comments.-- |
8 | (1) No officer shall have any comment adverse to his |
9 | interest entered in his personnel file, or any record kept at |
10 | his place or unit of employment, without giving the officer |
11 | an opportunity to first read and sign the instrument |
12 | containing the adverse comment indicating he is aware that |
13 | such comment is being entered in his personnel file or other |
14 | place of recordation. |
15 | (2) If, after reading the instrument containing the |
16 | adverse comment, the officer refuses to sign it, the entry |
17 | may still be made. A witness shall thereafter note that the |
18 | officer was presented with the opportunity to read and sign |
19 | the 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. The written response, if any, shall be attached |
23 | to, and shall 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 |
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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 law |
19 | enforcement officer shall be required for purposes of job |
20 | assignment or personnel action to disclose information as to |
21 | property, income, assets, source of income, debts, personal |
22 | or domestic expenditures, including those of any member of |
23 | his family or household, unless the information is obtained |
24 | under proper 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.-- |
2 | (1) No officer shall have his locker, or other space for |
3 | storage that may be assigned to him, searched except in his |
4 | presence, and with his consent in writing, or unless a valid |
5 | search warrant has been obtained. |
6 | (2) Any person from whom consent is requested shall be |
7 | told that he has the right to deny the consent. |
8 | (3) This subsection shall apply only to a locker or |
9 | other space for storage that is owned by the employing |
10 | agency. |
11 | Section 9. Effective date. |
12 | This act shall take effect in 60 days. |
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