PRINTER'S NO. 483
No. 462 Session of 1997
INTRODUCED BY GREENLEAF, BRIGHTBILL, COSTA, MUSTO, RHOADES,
SALVATORE, STOUT AND TOMLINSON, FEBRUARY 12, 1997
REFERRED TO JUDICIARY, FEBRUARY 12, 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 the
6 Commonwealth or a political subdivision thereof, including, but
7 not limited to, law enforcement officers of the Pennsylvania
8 State Police, municipal police departments, Capitol Police,
9 Liquor Control Board Enforcement Division and the port
10 authorities.
11 "Malfeasance." The doing of an act which is unlawful.
12 "Misfeasance." The improper performance of a lawful act.
13 "Nonfeasance." The omission of an act which a person has a
14 legal duty to perform.
15 Section 4. Rights of law enforcement officers.
16 Whenever a law enforcement officer is under interrogation the
17 following minimum standards shall apply:
18 (1) The interrogation shall be conducted when the
19 officer is on duty unless the seriousness of the
20 investigation is such that an immediate interrogation is
21 necessary. The officer shall be compensated for absence from
22 work as a result of any interrogation.
23 (2) The interrogation shall take place at the office of
24 the command of the investigating officer or the office of the
25 precinct or police unit or municipal building of the
26 municipality in which the incident allegedly occurred.
27 (3) The officer under interrogation shall be informed of
28 the name, rank and command of the officer or municipal
29 official in charge of the interrogation, and the name, rank
30 and command of any and all persons who will be present during
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1 the interrogation.
2 (4) The officer under interrogation shall be informed of
3 the nature of the interrogation and the name or names of the
4 complainant or complainants at the outset of the
5 interrogation.
6 (5) No complaint shall be entertained unless it is sworn
7 to by the complainant or complainants before an official
8 authorized to administer oaths.
9 (6) All interrogations shall be for reasonable periods
10 and shall be timed to allow for such personal necessities and
11 rest periods as are reasonably necessary.
12 (7) The officer under interrogation shall not be
13 subjected to offensive language or threatened with transfer,
14 dismissal or disciplinary action either directly or
15 indirectly.
16 (8) A written or mechanical record shall be made of the
17 entire interrogation.
18 (9) If the officer under interrogation is under arrest,
19 or is likely to be placed under arrest, he shall be informed
20 of his rights prior to the commencement of the interrogation.
21 (10) The officer under interrogation shall have the
22 right to be represented by counsel or other representative of
23 his choice who shall be present at all times during an
24 interrogation.
25 Section 5. Civil suits by officers.
26 A law enforcement officer may sue any person or municipality
27 for damages suffered or for the abridgment of civil rights when
28 complaints filed against the officer are found to be without
29 merit, or made with the intent to cause damage or loss of
30 employment.
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1 Section 6. Notice of disciplinary action; polygraphs.
2 (a) Notice.--No dismissal, demotion, transfer, reassignment
3 or other personnel action which may result in a loss of pay or
4 benefits or which is a punitive measure shall be taken against a
5 law enforcement officer unless the officer is notified thereof
6 and provided with the reasons therefore prior to the effective
7 date of such action.
8 (b) Adverse comments.--No officer shall have any comment
9 adverse to his interest entered in his personnel file, or any
10 record kept at his place or unit of employment, without the
11 officer having first read and signed the instrument containing
12 the adverse comment indicating he is aware that such comment is
13 being placed in his personnel file or other place of
14 recordation. An entry may be made only if after reading the
15 instrument containing an adverse comment, the officer refuses to
16 sign it. A witness shall thereafter note that the officer was
17 presented with the opportunity to read and sign the instrument
18 and refused to do so.
19 (c) Response.--An officer shall have 30 days within which to
20 file a written response to any adverse comment entered in his
21 personnel file. Written response shall be attached to, and shall
22 accompany, the adverse comment.
23 (d) Polygraph.--No officer shall be compelled to submit to a
24 polygraph examination against his will. No disciplinary action
25 or other recrimination shall be taken against an officer
26 refusing to submit to a polygraph examination, nor shall any
27 comment be entered anywhere in the investigator's notes or
28 anywhere else that the officer refused to take a polygraph
29 examination. No testimony or evidence shall be admissible at a
30 subsequent hearing, trial, or proceeding, judicial or
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1 administrative, to the effect that the officer refused to take a
2 polygraph examination.
3 Section 7. Retaliation for exercising rights.
4 (a) Punitive measures.--No law enforcement officer shall be
5 discharged, disciplined, demoted or denied promotion, transfer
6 or reassignment, or be discriminated against in regard to his
7 employment, or be threatened as a result of the exercise of
8 constitutional rights.
9 (b) Appeal.--No dismissal or demotion, nor denial of
10 promotion, shall be undertaken by any public agency without
11 providing the officer with an opportunity for administrative
12 appeal.
13 Section 8. Personal privacy.
14 (a) Disclosure.--No officer shall be required for purposes
15 of job assignment or personnel action to disclose information as
16 to property, income, assets, source of income, debts, personal
17 or domestic expenditures, including those of any member of his
18 family or household, unless the information is obtained under
19 proper legal procedure. If there is a conflict of interest with
20 respect to the performance of his official duties, or it is
21 necessary for the agency to ascertain the desirability of
22 assigning the officer to a specialized unit in which there is a
23 strong possibility that bribes or other improper inducements may
24 be offered, this shall constitute an exception.
25 (b) Search of lockers.--No officer shall have his locker, or
26 other space for storage that may be assigned to him, searched
27 except in his presence, and with his consent in writing, or
28 unless a valid search warrant has been obtained. This section
29 shall apply only to lockers or other space for storage that is
30 owned by the employing agency. Any person from whom consent is
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1 requested shall be told that he has the right to deny the
2 consent.
3 Section 9. Effective date.
4 This act shall take effect in 60 days.
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