BP BHEAD INT H

AN ACT Relating to the law enforcement officers' bill of rights; and adding a new chapter to Title 44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Whenever a law enforcement officer is under investigation or subjected to interrogation by a law enforcement agency, for any reason which could lead to disciplinary action, demotion, or dismissal, the investigation or interrogation shall be conducted under the following conditions:

(1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty;

(2) The interrogation shall take place at an office within the department previously designated for that purpose by the chief of police;

(3) The law enforcement officer under interrogation shall be informed of the name, rank, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by and through one interrogator;

(4) No complaint against a law enforcement officer may be brought before a hearing committee unless the complaint is sworn to before an official authorized to administer oaths;

(5) The law enforcement officer under investigation shall be informed in writing of the nature of the complaint at least five days prior to any interrogation, and of the names of all complainants and witnesses;

(6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary;

(7) Any law enforcement officer under interrogation shall not be threatened with transfer, dismissal, suspension, or disciplinary action;

(8) A complete record shall be kept of any interrogation. A copy of the record shall be available to the officer or his or her counsel upon request and without charge;

(9) If any law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights prior to the commencement of the interrogation;

(10) At the request of any law enforcement officer under interrogation, he or she shall have the right to a representative of his or her choice who shall be present at all times during the interrogation. The interrogation shall be suspended for a reasonable time until representation can be obtained;

(11) No statute may abridge nor may any law enforcement agency adopt any rule or regulation which prohibits the right of a law enforcement officer to bring suit arising out of his or her duties as a law enforcement officer;

(12) No law enforcement agency may insert any adverse material into any file of the officer unless the officer has an opportunity to review and receive a copy of the material in writing, unless the officer waives this right in writing;

(13) In all investigations, the law enforcement officer shall be considered innocent until proven guilty; and

(14) Before a law enforcement officer may be dismissed, demoted, or suspended, the officer shall have the right to an in person hearing before either the agency representative making the disciplinary decision or an agency representative with the authority to effectively recommend the disciplinary decision.

NEW SECTION. Sec. 2. No law enforcement officer may be required or requested to disclose any item of his or her, or a member of his or her family or household's, property, income, assets, source of income, debts, or personal or domestic expenditures unless that information is necessary in investigating a possible conflict of interest with respect to the performance of his or her official duties, or unless the disclosure is required by law.

NEW SECTION. Sec. 3. Any law enforcement officer who has been involved in the use of deadly force shall have the right to consult with an attorney prior to giving a statement about the incident involving the use of force.

NEW SECTION. Sec. 4. This chapter shall not be construed as denying any law enforcement officer any right guaranteed through the provisions of a collective bargaining agreement negotiated under chapter 41.56 RCW.

NEW SECTION. Sec. 5. This chapter may be known and cited as the law enforcement officers' bill of rights.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 41 RCW.