Bill > S4595

Introduced Session

This bill establishes the Office of State Police Affairs (OSPA). The director will be appointed to a five-year term by the Governor with the advice and consent of the Senate and is required to be qualified by training and experience to direct the work of the office. The director will operate independently, without supervision or control by any other State department, division, or office. Under the bill, the Director of OSPA will have the power and duty to exercise supervision over the Superintendent of State Police within the Department of Law and Public Safety. The Superintendent of State Police is to report to the director on a regular basis, in a manner and frequency prescribed by the director. Under the bill, the director is to receive and investigate allegations concerning criminal complaints or complaints of misconduct against law enforcement officers employed by the Division of State Police. To this end, the director is to provide a confidential process for submitting complaints by both the public and government employees. The director is responsible for organizing the office, hiring staff, and engaging consultants as needed, using a fair, competitive process to ensure independence and effectiveness. Under the provisions of this bill, a law enforcement officer who is under investigation for allegations concerning a criminal complaint or complaint of misconduct is prohibited from using privilege or work-product protection to withhold information from the director. The bill grants the director authority to compel testimony and request documents through subpoenas, requiring that all investigations adhere to national and professional standards. Additionally, the director can request information, resources, and assistance from any State department or agency to fulfill its duties. The director is also authorized to collaborate with other State oversight entities, such as the State Auditor, the State Commission of Investigation, the State Comptroller, and the State Inspector General, and may participate in joint investigations with these agencies. Under the bill, OSPA is to review all Division of State Police internal affairs investigations and equal employment opportunity complaints to ascertain whether the Division of State Police has complied with applicable standard operating procedures, whether the outcomes of those investigations were supported by evidence, whether any discipline imposed was appropriate and proportionate, and to make recommendations to the Governor for appropriate disciplinary or remedial action. Additionally, the OSPA is to monitor, review, and evaluate the Division of State Police's procedures for handling internal affairs investigations and equal employment opportunity complaints, specifically to ensure that these complaints do not unduly or improperly impact the eligibility of a promotion for a law enforcement officer. The OSPA is to oversee the resolution of such complaints, ensuring they are resolved in a timely manner or within the prescribed timeline of the Division of State Police. Under the bill, the director will have the power and duty to oversee the appointment, employment, promotion, and removal of law enforcement officers employed by the Division of State Police. Additionally, the bill requires exit interviews to be conducted. The director is to annually prepare and submit to the Governor, and to the Legislature, a report that provides recommendations concerning the recruitment, hiring, and promotions of law enforcement officers. The report is to also include findings from the exit interviews required under the bill. The report is to be published on OSPA's website. The bill provides the director the discretion to decline certain investigations. In the course of conducting investigations, evaluations, inspections, and other reviews, the director may also refer matters for further civil and administrative action to an appropriate authority. Whenever a criminal complaint is made against a law enforcement officer employed by the Division of State Police, the director is required to notify the Office of Public Integrity and Accountability. Additionally, the director is responsible for ensuring that such criminal complaints are documented as part of the law enforcement officer's personnel file. Under the bill, all criminal complaints made against law enforcement officers employed by the Division of State Police are to be managed, investigated, and prosecuted by OSPA. Any attorney appointed by the director to prosecute a criminal complaint is to serve as a State prosecutor with the same powers and authority as a county prosecutor, including the ability to bring criminal charges, represent the State in court, and exercise all other powers and responsibilities typically granted to county prosecutors under the laws of this State. Under the provisions of the bill, the director is required to maintain detailed records of complaints and outcomes and may disclose information as needed while safeguarding the confidentiality of ongoing investigations. The director is to meet at least twice annually with other State oversight bodies to coordinate efforts, share information, and prevent duplication of work. After concluding an investigation, the director is to submit a report with findings and recommendations to the Governor and Legislature, which is also to be published online for public access.

AI Summary

Committee Categories

Britnee Timberlake (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 06/09/2025)

Official Document