Ozzie Fumo, Jr. voted Yea (Passage) on this Legislation.
Title: Repeals Existing Law Protecting Peace Officers From Investigations
Title: Repeals Existing Law Protecting Peace Officers From Investigations
Vote to pass a bill that repeals existing law protecting peace officers from investigations.
Prohibits a law enforcement agency from using a punitive action against a peace officer if the officer chooses to exercise their rights under any internal administrative grievance procedure (Sec. 1-1).
Specifies if a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination (Sec. 1-4).
Requires an investigation of a peace officer to be commenced by the law enforcement agency within a period of at most 5 years after the date of the filing of a complaint or allegation with the law enforcement agency (Sec. 2).
Authorizes a law enforcement agency to reassign a peace officer temporarily or permanently without his or her consent during an investigation or when there is a hearing related to an investigation (Sec. 2-4).
Authorizes a peace officer to request two representatives to be present during an interrogation or hearing related to the investigation including a lawyer, a representative or a labor union, or another peace officer (Sec. 3-1).
Authorizes a peace officer who is witness to an event under an investigation to have two representatives to accompany them to a hearing as well (Sec. 3-2).
Prohibits disclosing any confidential information gained from a peace officer who is a witness to an event under investigation (Sec. 3-6).
Specifies any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except in the following ways (Sec. 3-7):
At the request of the peace officer; or
From a lawful order of a court of competent jurisdiction
Authorizes a peace officer or any representative of a peace officer or law enforcement agency to make a stenographic, digital, or magnetic record of the interview, interrogation, or hearing. If the agency record the proceedings, the agency will, at the peace officers request, provide a copy of (Sec. 3-8):
A stenographic transcript of the proceedings; or
Recording on the digital or magnetic tape
Requires if in cases when a law enforcement agency intends to recommend a punitive action against a peace officer, the agency must notify the officer and provide them with a representative, a reasonable opportunity to inspect any evidence, and a time to consider a response before the punitive action is imposed (Sec. 3-9).
Prohibits admission of bad faith or prejudicial evidence against peace officers in a disciplinary hearing and specifies that if the court finds that the evidence is inadmissible for these reasons, the case must be dismissed with prejudice (Sec. 4).
Title: Repeals Existing Law Protecting Peace Officers From Investigations
Vote to pass a bill that repeals existing law protecting peace officers from investigations.
Prohibits a law enforcement agency from using a punitive action against a peace officer if the officer chooses to exercise their rights under any internal administrative grievance procedure (Sec. 1-1).
Specifies if a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination (Sec. 1-4).
Requires an investigation of a peace officer to be commenced by the law enforcement agency within a period of at most 5 years after the date of the filing of a complaint or allegation with the law enforcement agency (Sec. 2).
Authorizes a law enforcement agency to reassign a peace officer temporarily or permanently without his or her consent during an investigation or when there is a hearing related to an investigation (Sec. 2-4).
Authorizes a peace officer to request two representatives to be present during an interrogation or hearing related to the investigation including a lawyer, a representative or a labor union, or another peace officer (Sec. 3-1).
Authorizes a peace officer who is witness to an event under an investigation to have two representatives to accompany them to a hearing as well (Sec. 3-2).
Prohibits disclosing any confidential information gained from a peace officer who is a witness to an event under investigation (Sec. 3-6).
Specifies any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except in the following ways (Sec. 3-7):
At the request of the peace officer; or
From a lawful order of a court of competent jurisdiction
Authorizes a peace officer or any representative of a peace officer or law enforcement agency to make a stenographic, digital, or magnetic record of the interview, interrogation, or hearing. If the agency record the proceedings, the agency will, at the peace officers request, provide a copy of (Sec. 3-8):
A stenographic transcript of the proceedings; or
Recording on the digital or magnetic tape
Requires if in cases when a law enforcement agency intends to recommend a punitive action against a peace officer, the agency must notify the officer and provide them with a representative, a reasonable opportunity to inspect any evidence, and a time to consider a response before the punitive action is imposed (Sec. 3-9).
Prohibits admission of bad faith or prejudicial evidence against peace officers in a disciplinary hearing and specifies that if the court finds that the evidence is inadmissible for these reasons, the case must be dismissed with prejudice (Sec. 4).
Title: Repeals Existing Law Protecting Peace Officers From Investigations