Bill > A2425

Introduced Session

This bill, to be known as the "State Law Enforcement Officers' Bill of Rights," establishes specific rights, privileges and protections for State law enforcement officers, including State correction officers who are subject to charges which, after investigation, might lead to disciplinary hearings and actions. The bill sets time frames for the commencement of investigations of complaints. If the complaint is initiated by a private citizen or inmate, the investigation must begin within 15 days of the date the complaint is received. If the complaint is brought by the department, commission or agency employing the officer, a disciplinary hearing must be scheduled no less than 10 days, or more than 30 days, from the date the complaint was served on the officer. Violations of departmental, commission or agency rules or regulations must be filed no more than 45 days after the day on which the person filing the charge reasonably becomes aware of the violation. A complaint must be dismissed if it is not filed within these time frames. Among the procedural rights and protections State law enforcement officers are afforded under this bill are: (1) notice of the nature and scope of the investigation or charges; (2) 24-hour advance notice before an officer subject to investigation may be questioned; (3) right to counsel, or an employee representative, during questioning; (4) records of all questioning periods; and (5) assurance that no officer is required to submit to a lie detector test as part of any investigation. Charges must be filed within 30 days of the conclusion of any investigation. A failure to comply with this requirement will result in the dismissal of all charges. No disciplinary action may be taken against an officer until that officer has been afforded a hearing. Notwithstanding that requirement, an officer who is charged with a crime, and who is found to be unfit for duty or is a danger to any person if permitted to remain on the job, may be suspended without a hearing. An officer may also be suspended without a hearing if he is formally charged with a crime or if immediate suspension is needed to maintain the safety, health or order of the department, commission or agency employing the officer. An officer who is formally charged with a crime is to be suspended without pay. If, however, he is found not guilty, the charges are dismissed or the prosecution is terminated, that officer is to receive all back pay within 30 days of that disposition. If the disciplinary hearing officer finds or determines that a charged officer is not guilty: (1) the matter is deemed concluded and all charges are dismissed; (2) no disciplinary action may be taken against the officer; (3) no record of, or reference to, the charge for which the officer was found not guilty shall be made part of the officer's personnel file; (4) the officer is to be reinstated to his position; and (5) the officer is entitled to any pay or benefits lost or deferred during the disposition of the charge. The officer is also entitled to any longevity pay, seniority or any other emolument or benefit to which he was entitled under law or collective agreement. All lost or deferred pay is to be paid to the officer within 30 days. Any officer who is aggrieved by a determination or finding of a disciplinary hearing officer has the right to appeal to the Commissioner of Personnel or the Merit System Board, as is appropriate. The provisions of this bill do not apply to State Police officers and troopers.

Committee Categories

Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/07/2022)

Official Document