PRIOR PRINTER'S NO. 888 PRINTER'S NO. 4197
No. 830 Session of 1999
INTRODUCED BY RAYMOND, ALLEN, BELARDI, CIVERA, GANNON, GEIST,
GIGLIOTTI, HARHAI, KENNEY, LAUGHLIN, PESCI, SCHULER,
SERAFINI, SEYFERT, J. TAYLOR AND TRELLO, MARCH 10, 1999
AS AMENDED, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES,
NOVEMBER 14, 2000
AN ACT
1 Providing for the rights of law enforcement officers concerning
2 certain complaints and grievances; AUTHORIZING CERTAIN CIVIL <--
3 SUITS BY POLICE OFFICERS; PROVIDING FOR IMPACT OF COLLECTIVE
4 BARGAINING AGREEMENTS; AND PROVIDING FOR SUMMARY SUSPENSIONS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title. <--
8 This act shall be known and may be cited as the Law
9 Enforcement Officers' Bill of Rights.
10 Section 2. Legislative intent.
11 The General Assembly recognizes the need for minimum
12 standards to protect the rights of law enforcement officers
13 beyond departmental procedures.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Interrogation." The formal and systematic questioning of a
1 law enforcement officer accused in a complaint of malfeasance,
2 misfeasance or nonfeasance which may result in dismissal,
3 demotion, suspension, reduction in salary, written reprimand or
4 transfer for punitive purposes.
5 "Law enforcement officer." Any full-time law enforcement
6 officer of any police department or organization of a
7 municipality, county or park or the State or any agency thereof,
8 including, but not necessarily limited to, law enforcement
9 officers of the Pennsylvania State Police, municipal police
10 departments, Capitol Police, Bureau of Narcotics, Liquor Control
11 Board Enforcement Division and the Delaware River Port
12 Authority.
13 "Malfeasance." The doing of an act which is unlawful.
14 "Misfeasance." The improper performance of a lawful act.
15 "Nonfeasance." The omission of an act which a person has a
16 legal duty to perform.
17 Section 4. Rights of law enforcement officers.
18 Whenever a law enforcement officer is under interrogation the
19 following minimum standards shall apply:
20 (1) The interrogation shall be conducted when the
21 officer is on duty unless the seriousness of the
22 investigation is such that an immediate interrogation is
23 necessary. The officer shall be compensated for absence from
24 work as a result of any interrogation.
25 (2) The interrogation shall take place at the office of
26 the command of the investigating officer or the office of the
27 precinct or police unit or municipal building of the
28 municipality in which the incident allegedly occurred.
29 (3) The officer under interrogation shall be informed of
30 the name, rank and command of the officer or municipal
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1 official in charge of the interrogation, and the name, rank
2 and command of any and all persons who will be present during
3 the interrogation.
4 (4) The officer under interrogation shall be informed of
5 the nature of the interrogation and the name or names of the
6 complainant or complainants at the outset of the
7 interrogation.
8 (5) No complaint shall be entertained unless it is sworn
9 to by the complainant or complainants before an official
10 authorized to administer oaths.
11 (6) All interrogations shall be for reasonable periods
12 and shall be timed to allow for such personal necessities and
13 rest periods as are reasonably necessary.
14 (7) The officer under interrogation shall not be
15 subjected to offensive language or threatened with transfer,
16 dismissal or disciplinary action either directly or
17 indirectly.
18 (8) A written or mechanical record shall be made of the
19 entire interrogation.
20 (9) If the officer under interrogation is under arrest
21 or is likely to be placed under arrest, he shall be informed
22 of his rights prior to the commencement of the interrogation.
23 (10) The officer under interrogation shall have the
24 right to be represented by counsel or other representative of
25 his choice who shall be present at all times during an
26 interrogation.
27 Section 5. Civil suits by officers.
28 A law enforcement officer may sue any person or municipality
29 for damages suffered or for the abridgment of civil rights when
30 complaints filed against the officer are found to be without
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1 merit or made with the intent to cause damage or loss of
2 employment.
3 Section 6. Notice of disciplinary action; polygraphs.
4 (a) Notice.--No dismissal, demotion, transfer, reassignment
5 or other personnel action which may result in a loss of pay or
6 benefits or which is a punitive measure shall be taken against a
7 law enforcement officer unless the officer is notified thereof
8 and provided with the reasons therefore prior to the effective
9 date of such action.
10 (b) Adverse comments.--No officer shall have any comment
11 adverse to his interest entered in his personnel file, or any
12 record kept at his place or unit of employment, without the
13 officer having first read and signed the instrument containing
14 the adverse comment indicating he is aware that such comment is
15 being placed in his personnel file or other place of
16 recordation. An entry may be made only if, after reading the
17 instrument containing an adverse comment, the officer refuses to
18 sign it. A witness shall thereafter note that the officer was
19 presented with the opportunity to read and sign the instrument
20 and refused to do so.
21 (c) Response.--An officer shall have 30 days within which to
22 file a written response to any adverse comment entered in his
23 personnel file. Written response shall be attached to, and shall
24 accompany, the adverse comment.
25 (d) Polygraph.--No officer shall be compelled to submit to a
26 polygraph examination against his will. No disciplinary action
27 or other recrimination shall be taken against an officer
28 refusing to submit to a polygraph examination, nor shall any
29 comment be entered anywhere in the investigator's notes or
30 anywhere else that the officer refused to take a polygraph
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1 examination. No testimony or evidence shall be admissible at a
2 subsequent hearing, trial or proceeding, judicial or
3 administrative, to the effect that the officer refused to take a
4 polygraph examination.
5 Section 7. Retaliation for exercising rights.
6 (a) Punitive measures.--No law enforcement officer shall be
7 discharged, disciplined, demoted or denied promotion, transfer
8 or reassignment, be discriminated against in regard to his
9 employment or be threatened as a result of the exercise of
10 constitutional rights.
11 (b) Appeal.--No dismissal or demotion, nor denial of
12 promotion, shall be undertaken by any public agency without
13 providing the officer with an opportunity for administrative
14 appeal.
15 Section 8. Personal privacy.
16 (a) Disclosure.--No officer shall be required for purposes
17 of job assignment or personnel action to disclose information as
18 to property, income, assets, source of income, debts, personal
19 or domestic expenditures, including those of any member of his
20 family or household, unless the information is obtained under
21 proper legal procedure. If there is a conflict of interest with
22 respect to the performance of his official duties, or it is
23 necessary for the agency to ascertain the desirability of
24 assigning the officer to a specialized unit in which there is a
25 strong possibility that bribes or other improper inducements may
26 be offered, this shall constitute an exception.
27 (b) Search of lockers.--No officer shall have his locker, or
28 other space for storage that may be assigned to him, searched
29 except in his presence and with his consent in writing or unless
30 a valid search warrant has been obtained. This section shall
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1 apply only to lockers or other space for storage that is owned
2 by the employing agency. Any person from whom consent is
3 requested shall be told that he has the right to deny the
4 consent.
5 Section 9. Effective date.
6 This act shall take effect in 60 days.
7 SECTION 1. SHORT TITLE. <--
8 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE POLICE
9 OFFICER BILL OF RIGHTS ACT.
10 SECTION 2. LEGISLATIVE INTENT.
11 THE GENERAL ASSEMBLY RECOGNIZES THE NEED FOR STANDARDS TO
12 PROTECT THE RIGHTS OF POLICE OFFICERS.
13 SECTION 3. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
15 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "POLICE OFFICER." AN INDIVIDUAL EMPLOYED AS A POLICE OFFICER
18 BY A PUBLIC AGENCY WHO IS, BY LAW, GIVEN THE POWER TO ARREST
19 WHEN ACTING WITHIN THE SCOPE OF EMPLOYMENT. THE TERM DOES NOT
20 INCLUDE THE CHIEF OF POLICE OR COMPARABLE HEAD OF A PUBLIC
21 AGENCY.
22 "PUBLIC AGENCY." THE POLICE DEPARTMENT OR SIMILAR AGENCY OF
23 A MUNICIPALITY.
24 SECTION 4. RIGHTS OF POLICE OFFICERS.
25 (A) GENERAL REQUIREMENTS.--IF A POLICE OFFICER IS UNDER
26 INVESTIGATION AND SUBJECT TO INTERROGATION BY THE PUBLIC AGENCY
27 EMPLOYING THE POLICE OFFICER, THE FOLLOWING STANDARDS SHALL
28 APPLY:
29 (1) THE INTERROGATION SHALL BE CONDUCTED WHEN THE POLICE
30 OFFICER IS ON DUTY UNLESS THE SERIOUSNESS OF THE
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1 INVESTIGATION IS SUCH THAT AN IMMEDIATE INTERROGATION IS
2 NECESSARY. THE POLICE OFFICER MAY NOT BE TERMINATED FROM
3 EMPLOYMENT OR DISCIPLINED FOR ANY WORK MISSED BECAUSE OF
4 INVOLVEMENT IN AN INTERROGATION.
5 (2) THE INTERROGATION SHALL TAKE PLACE AT:
6 (I) THE OFFICE OF THE COMMAND OF THE INVESTIGATING
7 OFFICER;
8 (II) THE OFFICE OF THE AGENCY CONDUCTING THE
9 INVESTIGATION;
10 (III) AN OFFICE WITHIN A BUILDING OWNED OR LEASED BY
11 THE PUBLIC AGENCY; OR
12 (IV) SUCH OTHER LOCATION AS IS NECESSARY TO PROTECT
13 THE SAFETY OR IDENTITY OF THE POLICE OFFICER.
14 (3) AT THE BEGINNING OF THE INTERROGATION, THE POLICE
15 OFFICER UNDER INTERROGATION SHALL BE INFORMED OF THE NAME,
16 RANK AND COMMAND OF THE POLICE OFFICER OR MUNICIPAL OFFICIAL
17 OR OTHER OFFICIAL IN CHARGE OF THE INTERROGATION AND THE
18 NAME, RANK AND COMMAND OF PERSONS WHO WILL BE PRESENT.
19 (4) THE POLICE OFFICER UNDER INTERROGATION SHALL BE
20 INFORMED IN WRITING OF THE NATURE OF THE COMPLAINT AND
21 PROVIDED THE NAME OR NAMES OF THE COMPLAINANT. THIS PARAGRAPH
22 SHALL NOT APPLY TO ANY INVESTIGATION INTO ALLEGED CRIMINAL
23 ACTIVITIES WHICH WOULD CONSTITUTE AN OFFENSE GRADED AS A
24 MISDEMEANOR OR FELONY.
25 (5) IF AN ANONYMOUS OR UNSWORN COMPLAINT IS MADE AGAINST
26 A POLICE OFFICER AND NO CORROBORATIVE EVIDENCE IS OBTAINED
27 WITHIN THE APPLICABLE STATUTE OF LIMITATIONS FOR AN ANALOGOUS
28 CRIMINAL OFFENSE, THE COMPLAINT SHALL BE CLASSIFIED AS
29 UNFOUNDED, AND SHALL BE COMPLETELY EXPUNGED FROM ANY
30 PERSONNEL FILE MAINTAINED BY THE PUBLIC AGENCY ON THE POLICE
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1 OFFICER.
2 (6) THE INTERROGATION SHALL ALLOW FOR PERSONAL
3 NECESSITIES AND REST PERIODS AS ARE REASONABLY NECESSARY.
4 (7) THE POLICE OFFICER UNDER INTERROGATION MAY NOT BE
5 UNLAWFULLY OFFERED PROMISES OF REWARD OR UNLAWFULLY
6 THREATENED IN CONNECTION WITH AN INVESTIGATION.
7 (8) THE COMPLETE INTERROGATION SHALL BE RECORDED,
8 INCLUDING A NOTATION OF ANY RECESS PERIODS. A COPY OF THE
9 RECORD SHALL BE MADE AVAILABLE TO THE POLICE OFFICER OR THE
10 POLICE OFFICER'S COUNSEL OR REPRESENTATIVE, UPON REQUEST,
11 WITHOUT COST.
12 (9) IF THE POLICE OFFICER IS UNDER ARREST AT THE TIME OF
13 THE INTERROGATION, THE POLICE OFFICER SHALL BE COMPLETELY
14 INFORMED OF THE POLICE OFFICER'S CONSTITUTIONAL RIGHTS AND
15 ALL RIGHTS UNDER LAW PRIOR TO THE COMMENCEMENT OF THE
16 INTERROGATION.
17 (10) THE POLICE OFFICER UNDER INTERROGATION SHALL HAVE
18 THE RIGHT TO BE REPRESENTED BY COUNSEL OR OTHER
19 REPRESENTATIVE. TO THE EXTENT THAT THE POLICE OFFICER IS
20 REPRESENTED FOR PURPOSES OF COLLECTIVE BARGAINING BY A
21 COLLECTIVE BARGAINING REPRESENTATIVE PURSUANT TO STATE LAW,
22 THE POLICE OFFICER SHALL ALSO HAVE THE RIGHT TO HAVE AN AGENT
23 FROM THE EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE
24 PRESENT.
25 (11) NO POLICE OFFICER MAY BE COMPELLED TO SPEAK OR
26 TESTIFY BEFORE OR BE QUESTIONED BY AN AGENCY WHICH IS NOT A
27 LAW ENFORCEMENT AGENCY OR A POLICE BOARD OF INQUIRY. THIS
28 PARAGRAPH SHALL BE INAPPLICABLE TO ANY JUDICIAL PROCEEDING OR
29 TO ANY HEARING CONDUCTED BY A STANDING OR SELECT COMMITTEE OF
30 THE SENATE OR THE HOUSE OF REPRESENTATIVES OR ANY HEARING
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1 CONDUCTED BEFORE AN AGENCY OF ANY MUNICIPALITY TO WHICH THIS
2 ACT APPLIES.
3 (12) PROMPT ACTION SHALL BE REQUIRED AS FOLLOWS:
4 (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), WHEN A
5 COMPLAINT IS MADE AGAINST A POLICE OFFICER MORE THAN 90
6 DAYS AFTER THE APPLICABLE STATUTE OF LIMITATIONS FOR THE
7 CIVIL WRONG ALLEGED, THE COMPLAINT SHALL BE CLASSIFIED AS
8 UNFOUNDED AND SHALL BE COMPLETELY EXPUNGED FROM ANY
9 PERSONNEL FILE MAINTAINED BY THE PUBLIC AGENCY ON THE
10 POLICE OFFICER.
11 (II) NOTWITHSTANDING SUBPARAGRAPH (I), NO COMPLAINT
12 WHICH ALLEGES CONDUCT THAT WOULD CONSTITUTE A MISDEMEANOR
13 OR FELONY OFFENSE, IF PROVEN, SHALL BE CLASSIFIED AS
14 UNFOUNDED OR EXPUNGED AS A STALE COMPLAINT UNTIL THE
15 APPLICABLE STATUTE OF LIMITATIONS EXPIRES AS PRESCRIBED
16 IN 42 PA.C.S. CH. 55 SUBCH. C (RELATING TO CRIMINAL
17 PROCEEDINGS).
18 (13) NO POLICE OFFICER MAY BE COMPELLED TO SUBMIT TO A
19 POLYGRAPH EXAMINATION INVOLUNTARILY. NO DISCIPLINARY ACTION
20 OR OTHER RECRIMINATION MAY BE TAKEN AGAINST A POLICE OFFICER
21 FOR REFUSING TO SUBMIT TO A POLYGRAPH EXAMINATION. NO
22 TESTIMONY OR EVIDENCE SHALL BE ADMISSIBLE AT A SUBSEQUENT
23 HEARING, TRIAL OR PROCEEDING, JUDICIAL OR ADMINISTRATIVE, TO
24 THE EFFECT THAT THE POLICE OFFICER REFUSED TO TAKE A
25 POLYGRAPH EXAMINATION.
26 (14) NO POLICE OFFICER MAY BE SUBJECTED TO OR THREATENED
27 WITH ADVERSE EMPLOYMENT ACTION AS A RESULT OF THE EXERCISE OF
28 THE RIGHTS ACCORDED TO POLICE OFFICERS UNDER THIS ACT.
29 (15) NO POLICE OFFICER MAY BE REQUIRED TO DISCLOSE
30 GREATER INFORMATION AS TO PROPERTY, INCOME, ASSETS, SOURCE OF
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1 INCOME, DEBTS, PERSONAL OR DOMESTIC EXPENDITURES, INCLUDING
2 THOSE OF ANY MEMBER OF THE POLICE OFFICER'S FAMILY OR
3 HOUSEHOLD, THAN THE PRINCIPAL ELECTED OFFICIALS OF THE
4 MUNICIPALITY EMPLOYING THE POLICE OFFICER ARE REQUIRED BY LAW
5 TO DISCLOSE UNLESS THE INFORMATION IS OBTAINED UNDER PROPER
6 LEGAL PROCEDURES.
7 (B) ROUTINE, INFORMED OR UNPLANNED INTERROGATION OR
8 CONTACT.--THIS SECTION SHALL NOT APPLY TO ANY INTERROGATION OF A
9 POLICE OFFICER IN THE NORMAL COURSE OF DUTY, COUNSELING,
10 INSTRUCTION, INFORMAL VERBAL ADMONISHMENT OR OTHER ROUTINE OR
11 UNPLANNED CONTACT WITH A SUPERVISOR OR ANY OTHER OFFICER.
12 SECTION 5. CIVIL SUITS BY POLICE OFFICERS.
13 A POLICE OFFICER SHALL HAVE A CAUSE OF ACTION AGAINST ANY
14 PERSON FOR DAMAGES SUFFERED AS A RESULT OF A COMPLAINT FILED
15 AGAINST THE POLICE OFFICER BY THAT PERSON WHICH IS FOUND TO BE
16 ANY OF THE FOLLOWING:
17 (1) WITHOUT MERIT AND FRIVOLOUS; OR
18 (2) WITHOUT MERIT AND MADE IN BAD FAITH.
19 SECTION 6. IMPACT OF COLLECTIVE BARGAINING AGREEMENTS.
20 NOTHING IN THIS ACT SHALL BE CONSTRUED TO DIMINISH THE
21 OBLIGATION OF ANY PUBLIC AGENCY TO COMPLY WITH A COLLECTIVE
22 BARGAINING AGREEMENT WHICH PROVIDES GREATER RIGHTS AND COVERAGE
23 TO POLICE OFFICERS THAN THE RIGHTS AND COVERAGE PROVIDED BY THIS
24 ACT. THE RIGHTS AND COVERAGE UNDER THIS ACT MAY NOT BE
25 DIMINISHED BY ANY COLLECTIVE BARGAINING AGREEMENT.
26 SECTION 7. SUMMARY SUSPENSIONS.
27 (A) EMERGENCY SUSPENSION.--EMERGENCY SUSPENSION OF A POLICE
28 OFFICER MAY BE IMPOSED BY THE PUBLIC AGENCY EMPLOYING THE
29 OFFICER IF THE PARTICULAR AND UNIQUE CIRCUMSTANCES OF THE
30 SITUATION DICTATE THAT SUCH ACTION IS NECESSARY TO PROTECT THE
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1 PUBLIC INTEREST OR THE EFFECTIVE FUNCTIONING OF THE POLICE
2 DEPARTMENT. A POLICE OFFICER WHO IS SUBJECTED TO EMERGENCY
3 SUSPENSION MAY BE RELIEVED OF DUTY, PROVIDED THAT THE POLICE
4 OFFICER RECEIVES ALL ORDINARY PAY AND BENEFITS AS IF THE POLICE
5 OFFICER WERE NOT SUSPENDED.
6 (B) CRIMINAL CHARGES.--A POLICE OFFICER AGAINST WHOM A
7 CRIMINAL PROCEEDING INVOLVING ANY MISDEMEANOR OR FELONY OFFENSE
8 HAS BEEN INSTITUTED MAY BE SUSPENDED WITHOUT PAY PENDING
9 DISPOSITION OF THE CRIMINAL CHARGES. MEDICAL BENEFITS AND
10 INSURANCE TO WHICH A POLICE OFFICER AND SPOUSE AND DEPENDENTS
11 ARE ENTITLED BY VIRTUE OF EMPLOYMENT MAY NOT BE SUSPENDED UNTIL
12 CONVICTION OR SEPARATION OF THE OFFICER FROM THE DEPARTMENT. IF
13 THE POLICE OFFICER IS ACQUITTED OF THE CRIMINAL CHARGES, THE
14 POLICE OFFICER SHALL BE REINSTATED AND REIMBURSED FOR ALL SALARY
15 AND BENEFITS THAT HAVE NOT BEEN PAID DURING THE SUSPENSION
16 PERIOD.
17 SECTION 8. EFFECTIVE DATE.
18 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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