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