Federal

Establishing a "Bill of Rights" to support United States law enforcement personnel nationwide in their work to protect our communities.

Source: Congress.gov · 766 words in original text

What This Bill Does

This resolution expresses support for law enforcement officers nationwide. It encourages states to adopt a "Bill of Rights" that protects police officers during investigations into their conduct.

Who It Affects

Law enforcement officers and agencies across the United States. State governments that may choose to adopt the recommended protections.

Key Provisions

• Law enforcement officers have the right to self-defense against physical threats (Whereas clause, section 1) • Officers have the right to legal action if a civilian attempts to assault them (Whereas clause, section 2) • Officers have the right to be protected from physical harassment (Whereas clause, section 3) • Officers have the right to equipment necessary for personal protection (Whereas clause, section 4) • Officers have the right to a lawyer and union representative present during any investigation interview (Whereas clause, section 5) • Officers have the right to know the nature of an investigation and the complainant's name before being interviewed (Whereas clause, section 6) • Officers cannot be subjected to offensive language, threats of charges, or financial inducements during questioning (Whereas clause, section 7) • Officers have the right to advance notice of hearings, access to transcripts and evidence, and the chance to respond to accusations (Whereas clauses, sections 8-9) • Officers cannot be disciplined for remaining silent under the Fifth Amendment (a constitutional protection against self-incrimination) unless they receive immunity (Whereas clause, section 10)

What Changes

This resolution does not create new laws. It expresses the House of Representatives' position that states should be encouraged to adopt protections for law enforcement officers during investigations.

Important Definitions

None defined in bill text.

IV 118TH CONGRESS 1ST SESSION H. RES. 285 Establishing a ‘‘Bill of Rights’’ to support United States law enforcement personnel nationwide in their work to protect our communities. IN THE HOUSE OF REPRESENTATIVES APRIL 10, 2023 Mr. D’ESPOSITO (for himself, Mr. WILLIAMS of New York, Mr. GARBARINO, Mr. STAUBER, Mr. LAWLER, Mr. LALOTA, Mr. FITZPATRICK, Ms. TENNEY, Mr. DONALDS, Ms. MALLIOTAKIS, Mr. MEUSER, and Mr. WEBER of Texas) submitted the following resolution; which was referred to the Committee on the Judiciary RESOLUTION Establishing a ‘‘Bill of Rights’’ to support United States law enforcement personnel nationwide in their work to protect our communities. Whereas calls to ‘‘defund’’, ‘‘disband’’, ‘‘dismantle’’, or ‘‘abol- ish’’ the police should be condemned and rule of law should be strictly maintained; Whereas law enforcement officers take an oath to never be- tray the public trust; Whereas in the course of investigations into officers who have allegedly exhibited misconduct, law enforcement should have certain rights to ensure a fair administration of jus- tice, including— VerDate Sep 11 2014 22:13 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR285.IH HR285 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HRES 285 IH (1) a law enforcement officer’s inherent right to self- defense against physical threats; (2) a law enforcement officer’s right to legal re- course if a civilian attempts to assault the law enforce- ment officer; (3) a law enforcement officer’s right to be protected from physical harassment targeting a law enforcement of- ficer; (4) a law enforcement officer’s right to equipment necessary for personal protection; (5) a law enforcement officer’s right to counsel and a union representative present at any interview conducted as part of an investigation; (6) a law enforcement officer’s right to be informed of the nature of the investigation before any interview commences, including the name of the complainant and sufficient information to reasonably apprise the officer of the allegations; (7) during questioning in the course of an investiga- tion a law enforcement officer’s right— (A) to not be subjected to any offensive lan- guage; (B) to not be threatened with departmental, civil, or criminal charges; and (C) to not receive financial or promotional in- ducement; (8) a law enforcement officer’s right to a hearing, with notification in advance of the date, access to tran- scripts, other relevant documents, and evidence; (9) a law enforcement officer’s right to have the op- portunity to respond to adverse accusations; and (10) a law enforcement officer’s right to not be dis- ciplined for exercising a Fifth Amendment right to re- VerDate Sep 11 2014 22:13 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR285.IH HR285 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HRES 285 IH main silent unless granted immunity that such state- ments will not be used against the officer in any criminal proceeding; Whereas in order to ensure these investigations are conducted in a manner that protects the public, respects the rights of law enforcement personnel, and is conducive to good order and discipline; Whereas States across the country are encouraged to adopt a ‘‘Bill of Rights’’ for law enforcement personnel for pro- tections related to investigation and prosecution arising from conduct during official performance of duties; Whereas the law enforcement community protects our streets, acknowledges the rights of all Americans, and keeps citi- zens safe from harm; Whereas law enforcement officers are recognized for their public service to all, knowing they face extremely dan- gerous situations while carrying out their duties; and Whereas a healthy and collaborative relationship between law enforcement officers and the communities they serve is essential to creating mutually respectful dialogue: Now, therefore, be it Resolved, That the House of Representatives— 1 (1) recognizes all law enforcement agencies and 2 officers for their tireless work to protect us and 3 make our communities safer; 4 (2) condemns calls to ‘‘defund’’, ‘‘disband’’, 5 ‘‘dismantle’’, or ‘‘abolish’’ the police; 6 (3) encourages dialogue between law enforce- 7 ment and their respective communities to improve 8 VerDate Sep 11 2014 22:13 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR285.IH HR285 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HRES 285 IH public safety, and engage all of society’s stake- 1 holders; and 2 (4) respects the rights of police officers to carry 3 out their duties to protect our communities with in- 4 tegrity and have essential protections during the 5 course of investigations. 6 Æ VerDate Sep 11 2014 22:13 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\HR285.IH HR285 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.