Law Enforcement Officers Due Process Act of 2001

1/17/2023, 12:18 AM
Law Enforcement Officers Due Process Act of 2001 - Authorizes the Attorney General to provide grants to law enforcement agencies (agencies) that: (1) have in effect an administrative process or an existing procedure that complies with officer rights requirements; or (2) certify that they will establish, within two years, an administrative process that complies with such requirements.

Requires the administrative process to require that an agency that investigates an officer for matters which could reasonably lead to disciplinary action provide recourse for the officer that includes: (1) access to any existing administrative process established by the employing agency prior to disciplinary action; and (2) the right to a hearing before a fair and impartial board or hearing officer, to be represented by an attorney or other officer at such officer's expense, to confront any witness testifying against such officer, and to record all meetings.

Permits the immediate suspension with pay of an officer: (1) whose continued presence on the job is considered to be a substantial and immediate threat; (2) who refuses to obey a direct order issued in conformance with the agency's written and disseminated rules and regulations; or (3) who is accused of committing an illegal act.

Makes this Act inapplicable to an agency if the Attorney General determines that such agency has in effect an established civil service system, agency review board, grievance procedure, or personnel board which meets or exceeds the minimum standards set forth in this Act.

Congress
107

Number
HR - 1212

Introduced on
2001-03-27

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

3/27/2001

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Law Enforcement Officers Due Process Act of 2001 - Authorizes the Attorney General to provide grants to law enforcement agencies (agencies) that: (1) have in effect an administrative process or an existing procedure that complies with officer rights requirements; or (2) certify that they will establish, within two years, an administrative process that complies with such requirements.

Requires the administrative process to require that an agency that investigates an officer for matters which could reasonably lead to disciplinary action provide recourse for the officer that includes: (1) access to any existing administrative process established by the employing agency prior to disciplinary action; and (2) the right to a hearing before a fair and impartial board or hearing officer, to be represented by an attorney or other officer at such officer's expense, to confront any witness testifying against such officer, and to record all meetings.

Permits the immediate suspension with pay of an officer: (1) whose continued presence on the job is considered to be a substantial and immediate threat; (2) who refuses to obey a direct order issued in conformance with the agency's written and disseminated rules and regulations; or (3) who is accused of committing an illegal act.

Makes this Act inapplicable to an agency if the Attorney General determines that such agency has in effect an established civil service system, agency review board, grievance procedure, or personnel board which meets or exceeds the minimum standards set forth in this Act.

Alternative Names
Official Title as IntroducedTo provide grants to law enforcement agencies that ensure that law enforcement officers employed by such agency are afforded due process when involved in a case that may lead to dismissal, demotion, suspension, or transfer.

Policy Areas
Crime and Law Enforcement

Potential Impact
Administrative remedies•
Civil Rights and Liberties, Minority Issues•
Cross-examination•
Disciplining of employees•
Dismissal of employees•
Due process of law•
Economics and Public Finance•
Employee rights•
Federal aid to law enforcement•
Government Operations and Politics•
Governmental investigations•
Grievance procedures•
Labor and Employment•
Law•
Law enforcement officers•
Local employees•
Police•
Police brutality•
Police corruption•
Right to counsel•
State employees•
Transfer of employees•
Witnesses

Comments

Recent Activity

Latest Summary11/28/2006
Law Enforcement Officers Due Process Act of 2001 - Authorizes the Attorney General to provide grants to law enforcement agencies (agencies) that: (1) have in effect an administrative process or an existing procedure that complies with officer rights ...

Latest Action4/19/2001
Referred to the Subcommittee on Crime.