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House Committee on the JudiciaryCrime, Terrorism, Homeland Security, and InvestigationsIntroducedApril 2nd, 2009
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Law Enforcement Officer's Procedural Bill of Rights Act of 2009
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide standards and procedures to guide State and local law enforcement agencies and law enforcement officers during internal investigations, interrogation of law enforcement officers, and administrative disciplinary hearings, to ensure accountability of law enforcement officers, to guarantee the due process rights of law enforcement officers, and to require States to enact law enforcement discipline, accountability, and due process laws.
Law Enforcement Officer's Procedural Bill of Rights Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set forth the due process rights, including procedures, that shall be afforded a law enforcement officer who is the subject of an investigation or disciplinary proceedings. Requires a law enforcement agency that initiates investigations or disciplinary proceedings against an officer of that agency to adopt and thereafter comply with a written complaint procedure that meets specified requirements. Grants certain procedural protections to law enforcement officers before and during any investigation that may result in disciplinary action, including: (1) the right to effective counsel; (2) the right to be interrogated at a reasonable hour; (3) written notice of investigative findings and disciplinary recommendations; (4) the right to submit a written response to such findings and recommendations; and (5) access to the complete file of the investigation and the right to examine physical evidence. Prohibits an officer from being compelled to submit to the use of a lie detector. Sets forth requirements and procedures for conducting disciplinary proceedings and for protecting the personal records and property of an officer. Declares that nothing in this Act shall be construed to authorize federal control over any state or local police force or criminal justice agency.