This act provides that when a law enforcement officer is under investigation which would lead to disciplinary action, demotion, dismissal, or transfer, the investigation shall include the following conditions:

    The law enforcement officer shall be informed in writing of the existence and nature of the alleged violation and who will be conducting the investigation;

    Any complaint filed shall be supported by an affidavit and if information in the affidavit is false then it shall be presented to a prosecuting or circuit attorney;

    Any investigation shall be conducted for a reasonable length of time, allow reasonable breaks for the officer, and only while the officer is on duty unless any exigent circumstances prevent such questioning while on duty;

    Any investigation shall be conducted at a secure location at the agency that is conducting the investigation or the office of the officer unless the officer consents to another location;

    The law enforcement officer shall be questioned by a single investigator and shall be informed of the name and rank of the questioning officer;

    Law enforcement officers shall not be threatened, harassed, or promised rewards for answering questions;

    Law enforcement officers are entitled to have an attorney or other individual of their choice present during questioning;

    A complete record of the investigation shall be kept by the agency and a copy shall be provided to the officer upon request;

    The agency conducting the investigation shall have 90 days to complete such investigation;

    The officer shall be informed in writing of the investigative findings and any recommendations for further action; and

    All records shall be confidential.

Any law enforcement officer suspended without pay shall be entitled to a full due process hearing as provided in the act.

This act is identical to SB 1053 (2020) and substantially similar to HB 1889 (2020).

MARY GRACE BRUNTRAGER