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H.R. 1972: yes, law enforcement wants this
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Joe Biden, a strong supporter of law enforcement, is a great advocate to have in the White House.
Moving at the pace of a slug taking one step forward and two steps back is a quiet little bill known as H.R. 1972. You most likely have not heard of it, but it is also referred to as the Law Enforcement Officer's Procedural Bill of Rights Act of 2009. If the legislation passes and is signed into law, it will formally amend the Omnibus Crime Control and Safe Streets Act of 1968. The full text of the bill can be found here.
The federal bill proposes several things within the context of an internal affairs investigation or other disciplinary proceeding. First, it allows officers the right to counsel during most disciplinary proceedings. Second, interrogations must be held at a reasonable hour. Third, officers would receive written notice of investigatory findings and recommended discipline and have the right to respond in writing to the same. Finally, the bill would allow access to the investigation file and the physical evidence, if any.
H.R. 1972 would also prohibit departments from compelling officers under investigation to submit to a polygraph examination and includes a provision whereby the personal information and property of law enforcement are protected.
H.R. 1972 was sponsored by Bart Stupak (D-MI), former Michigan state trooper, with Walter Jones (R-NC) and Erik Paulsen (R-MN) adding co-sponsorship. It was introduced in April 2009 and the most recent action was its referral to the House Subcommittee on Crime, Terrorism, and Homeland Security on May 26th. The bottom line, therefore, is that careers may begin and end well before this thing makes it out of Congress.
While the highlights of the bill are addressed above, an important component is the evidentiary standard. For allegations that stem from fraud or are criminal in nature, the department's burden is clear and convincing evidence, which is one step removed from the "beyond a reasonable doubt" standard. All other allegations fall under a preponderance of the evidence standard, which means that the department simply has to prove that it is more reasonable than not that the allegations are true.
H.R. 1972 operates like a mini-trial in most cases and the hearing board is independent and must include an officer of equal or lesser rank. The right to appeal the outcome to civil court or arbitration is also included.
The bill is a fantastic piece of legislation for law enforcement that deserves the attention and support of every officer, police union and law enforcement organization. Set aside personal political affiliation because H.R. 1972 is a co-partisan bill. Write to your representatives and ask their support to get the bill moving and to vote for it.
Naturally, if the bill gets to a vote and is rejected, we'll name the names of every member of Congress who prefers your agency to you.
Eric Sloan's articles involve legal topics applicable to law enforcement officers; however, such articles do not establish an attorney-client relationship between the author and the reader and should not be construed as legal advice. Do you have questions or article ideas? Add Eric as a Facebook friend by clicking here and let him know.
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