PRINTER'S NO. 429
No. 387 Session of 1997
INTRODUCED BY RAYMOND, PESCI, MICOZZIE, JAROLIN, READSHAW, WOGAN, LEDERER, STABACK, CIVERA, BATTISTO, BELARDI, GEIST, KENNEY, ROONEY, TRELLO AND JAMES, FEBRUARY 10, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1997
AN ACT 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. 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,
1 misfeasance or nonfeasance which may result in dismissal, 2 demotion, suspension, reduction in salary, written reprimand or 3 transfer for punitive purposes. 4 "Law enforcement officer." Any full-time law enforcement 5 officer of any police department or organization of a 6 municipality, county or park or the State or any agency thereof, 7 including, but not necessarily limited to, law enforcement 8 officers of the Pennsylvania State Police, municipal police 9 departments, Capitol Police, Bureau of Narcotics, Liquor Control 10 Board Enforcement Division and the Delaware River Port 11 Authority. 12 "Malfeasance." The doing of an act which is unlawful. 13 "Misfeasance." The improper performance of a lawful act. 14 "Nonfeasance." The omission of an act which a person has a 15 legal duty to perform. 16 Section 4. Rights of law enforcement officers. 17 Whenever a law enforcement officer is under interrogation the 18 following minimum standards shall apply: 19 (1) The interrogation shall be conducted when the 20 officer is on duty unless the seriousness of the 21 investigation is such that an immediate interrogation is 22 necessary. The officer shall be compensated for absence from 23 work as a result of any interrogation. 24 (2) The interrogation shall take place at the office of 25 the command of the investigating officer or the office of the 26 precinct or police unit or municipal building of the 27 municipality in which the incident allegedly occurred. 28 (3) The officer under interrogation shall be informed of 29 the name, rank and command of the officer or municipal 30 official in charge of the interrogation, and the name, rank 19970H0387B0429 - 2 -
1 and command of any and all persons who will be present during 2 the interrogation. 3 (4) The officer under interrogation shall be informed of 4 the nature of the interrogation and the name or names of the 5 complainant or complainants at the outset of the 6 interrogation. 7 (5) No complaint shall be entertained unless it is sworn 8 to by the complainant or complainants before an official 9 authorized to administer oaths. 10 (6) All interrogations shall be for reasonable periods 11 and shall be timed to allow for such personal necessities and 12 rest periods as are reasonably necessary. 13 (7) The officer under interrogation shall not be 14 subjected to offensive language or threatened with transfer, 15 dismissal or disciplinary action either directly or 16 indirectly. 17 (8) A written or mechanical record shall be made of the 18 entire interrogation. 19 (9) If the officer under interrogation is under arrest 20 or is likely to be placed under arrest, he shall be informed 21 of his rights prior to the commencement of the interrogation. 22 (10) The officer under interrogation shall have the 23 right to be represented by counsel or other representative of 24 his choice who shall be present at all times during an 25 interrogation. 26 Section 5. Civil suits by officers. 27 A law enforcement officer may sue any person or municipality 28 for damages suffered or for the abridgment of civil rights when 29 complaints filed against the officer are found to be without 30 merit or made with the intent to cause damage or loss of 19970H0387B0429 - 3 -
1 employment. 2 Section 6. Notice of disciplinary action; polygraphs. 3 (a) Notice.--No dismissal, demotion, transfer, reassignment 4 or other personnel action which may result in a loss of pay or 5 benefits or which is a punitive measure shall be taken against a 6 law enforcement officer unless the officer is notified thereof 7 and provided with the reasons therefore prior to the effective 8 date of such action. 9 (b) Adverse comments.--No officer shall have any comment 10 adverse to his interest entered in his personnel file, or any 11 record kept at his place or unit of employment, without the 12 officer having first read and signed the instrument containing 13 the adverse comment indicating he is aware that such comment is 14 being placed in his personnel file or other place of 15 recordation. An entry may be made only if, after reading the 16 instrument containing an adverse comment, the officer refuses to 17 sign it. A witness shall thereafter note that the officer was 18 presented with the opportunity to read and sign the instrument 19 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. Written response shall be attached to, and shall 23 accompany, the adverse comment. 24 (d) Polygraph.--No officer shall be compelled to submit to a 25 polygraph examination against his will. No disciplinary action 26 or other recrimination shall be taken against an officer 27 refusing to submit to a polygraph examination, nor shall any 28 comment be entered anywhere in the investigator's notes or 29 anywhere else that the officer refused to take a polygraph 30 examination. No testimony or evidence shall be admissible at a 19970H0387B0429 - 4 -
1 subsequent hearing, trial or proceeding, judicial or 2 administrative, to the effect that the officer refused to take a 3 polygraph examination. 4 Section 7. Retaliation for exercising rights. 5 (a) Punitive measures.--No law enforcement officer shall be 6 discharged, disciplined, demoted or denied promotion, transfer 7 or reassignment, be discriminated against in regard to his 8 employment or be threatened as a result of the exercise of 9 constitutional rights. 10 (b) Appeal.--No dismissal or demotion, nor denial of 11 promotion, shall be undertaken by any public agency without 12 providing the officer with an opportunity for administrative 13 appeal. 14 Section 8. Personal privacy. 15 (a) Disclosure.--No officer shall be required for purposes 16 of job assignment or personnel action to disclose information as 17 to property, income, assets, source of income, debts, personal 18 or domestic expenditures, including those of any member of his 19 family or household, unless the information is obtained under 20 proper legal procedure. If there is a conflict of interest with 21 respect to the performance of his official duties, or it is 22 necessary for the agency to ascertain the desirability of 23 assigning the officer to a specialized unit in which there is a 24 strong possibility that bribes or other improper inducements may 25 be offered, this shall constitute an exception. 26 (b) Search of lockers.--No officer shall have his locker, or 27 other space for storage that may be assigned to him, searched 28 except in his presence and with his consent in writing or unless 29 a valid search warrant has been obtained. This section shall 30 apply only to lockers or other space for storage that is owned 19970H0387B0429 - 5 -
1 by the employing agency. Any person from whom consent is 2 requested shall be told that he has the right to deny the 3 consent. 4 Section 9. Effective date. 5 This act shall take effect in 60 days. A30L44JRW/19970H0387B0429 - 6 -