Expressing support for local law enforcement officers and condemning efforts to defund or dismantle local law enforcement agencies.

III 118TH CONGRESS 1ST SESSION H. CON. RES. 40 IN THE SENATE OF THE UNITED STATES MAY 30, 2023 Received and referred to the Committee on the Judiciary CONCURRENT RESOLUTION Expressing support for local law enforcement officers and condemning efforts to defund or dismantle local law en- forcement agencies. Whereas our brave men and women in local law enforcement work tirelessly to protect the communities they serve; Whereas local law enforcement officers are tasked with up- holding the rule of law and ensuring public safety; Whereas local law enforcement officers selflessly put them- selves in harm’s way to fight crime, get drugs off our streets, and protect the innocent; VerDate Sep 11 2014 00:52 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC40.RFS HC40 SSpencer on DSK126QN23PROD with BILLS 2 HCON 40 RFS Whereas, in the summer of 2020, looting, rioting, and vio- lence in major cities caused the destruction of many shops, restaurants, and businesses; Whereas, in 2020, the United States tallied more than 21,000 murders—the highest total since 1995 and 4,900 more than in 2019; Whereas leftist activists and progressive politicians called for the defunding and dismantling of local police depart- ments across the country and actively encouraged resent- ment toward local law enforcement; Whereas the defund the police movement vilifies and demon- izes local law enforcement officers and puts them at greater risk of danger; Whereas many local jurisdictions defunded their police de- partments and saw a subsequent increase in violent crime; Whereas calls to ‘‘defund’’, ‘‘disband’’, ‘‘dismantle’’, or ‘‘abol- ish’’ the police should be condemned and rule of law should be strictly maintained; Whereas local law enforcement officers take an oath to never betray the public trust; Whereas in the course of investigations into officers who have allegedly exhibited misconduct, local law enforcement should have certain rights to ensure a fair administration of justice, including— (1) a local law enforcement officer’s inherent right to self-defense against physical threats; (2) a local law enforcement officer’s right to legal re- course if a civilian attempts to assault the local law en- forcement officer; VerDate Sep 11 2014 00:31 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC40.RFS HC40 SSpencer on DSK126QN23PROD with BILLS 3 HCON 40 RFS (3) a local law enforcement officer’s right to be pro- tected from physical harassment targeting a local law en- forcement officer; (4) a local law enforcement officer’s right to equip- ment necessary for personal protection; (5) a local law enforcement officer’s right to counsel or a representative present at any interview conducted as part of an investigation; (6) a local law enforcement officer’s right to be in- formed of the nature of the investigation before any interview commences, including the name of the com- plainant and sufficient information to reasonably apprise the officer of the allegations; (7) during questioning in the course of an investiga- tion a local 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 local law enforcement officer’s right to a hear- ing, with notification in advance of the date, access to transcripts, other relevant documents, and evidence; (9) a local law enforcement officer’s right to have the opportunity to respond to adverse accusations; and (10) a local law enforcement officer’s right to not be disciplined for exercising a Fifth Amendment right to re- 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 VerDate Sep 11 2014 00:31 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC40.RFS HC40 SSpencer on DSK126QN23PROD with BILLS 4 HCON 40 RFS of local 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 local law enforcement personnel for protections related to investigation and prosecution aris- ing from conduct during official performance of duties; Whereas the local law enforcement community protects our streets, acknowledges the rights of all Americans, and keeps citizens safe from harm; Whereas local law enforcement officers are recognized for their public service to all, knowing they face extremely dangerous situations while carrying out their duties; Whereas a healthy and collaborative relationship between local law enforcement officers and the communities they serve is essential to creating mutually respectful dialogue; Whereas violent leftist extremists have repeatedly attacked and assaulted local law enforcement officers; and Whereas local law enforcement officers deserve our respect and profound gratitude: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), That Congress— 2 (1) recognizes and appreciates the dedication 3 and devotion demonstrated by the men and women 4 of local law enforcement who keep our communities 5 safe; and 6 VerDate Sep 11 2014 00:31 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HC40.RFS HC40 SSpencer on DSK126QN23PROD with BILLS 5 HCON 40 RFS (2) condemns calls to defund, disband, dis- 1 mantle, or abolish the police. 2 Passed the House of Representatives May 18, 2023. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 00:31 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HC40.RFS HC40 SSpencer on DSK126QN23PROD with BILLS