HB 809 -- Investigation of Law Enforcement Officers

Co-Sponsors:  Carnahan, Dolan, Kelly (36), Ostmann, Britt

This bill revises the procedures and guidelines for law
enforcement officer discipline.  It requires that an officer who
is the subject of a punitive action be provided with a written
statement of the reason for the punitive action and references
to applicable policies and procedures, and allows the officer to
make a written request for a hearing within 5 days of receipt of
a notice.  The hearing must take place before an individual or
board as defined by local ordinance, administrative rule or
regulation, or agency policies and procedures.  The hearing must
be scheduled no sooner than 5 days and no later than 10 days
after the written request is received.  It requires that any
voting that takes place at the hearing be done by secret ballot
and that the results be reduced to writing and distributed to
all parties involved.

The bill also establishes requirements for interrogation of law
enforcement officers who are under investigation.  It requires
that interrogations be conducted during the officer's on-duty
hours or, if necessary, at some other reasonable hour; that the
officer be informed of the nature of the investigation and the
identity of the officers and other parties participating in the
interrogation; and that the officer being interrogated not be
subjected to offensive language, threatened with punitive
action, or promised a reward in exchange for answering
questions.  The bill also requires that the interrogation be
recorded and a copy be made available to the investigated
officer.  It gives law enforcement officers the right to be
represented by counsel under certain circumstances during the
investigation.

The bill requires the law enforcement agency to give notice to a
law enforcement officer if there is a recommendation for
punitive action, and to inform the officer that he or she is
entitled to a hearing in front of a hearing or grievance
committee.  The officer may request a hearing within 5 days of
receipt of a written statement and citation of relevant policies
and procedures.  The bill establishes certain procedures for
conducting hearings and requires that decisions be in writing
and distributed to all parties.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:04 pm