Establishing a "Bill of Rights" to support United States law enforcement personnel nationwide in their work to protect our communities.
H. Res. 395 is a House resolution that seeks to establish a nationwide “Bill of Rights” for United States law enforcement personnel, aimed at guiding investigations into alleged officer misconduct. Drafted as a non-binding expression of the House’s views, the resolution enumerates specific rights for officers during investigations (such as self-defense, right to counsel, right to information about the investigation, hearings, and protections against harassment or inflammatory conduct) and urges states to adopt similar protections. It also condemns calls to defund or dismantle police and emphasizes dialogue between law enforcement and communities. Because it is a resolution, it does not itself create enforceable federal rights or new federal law; rather, it signals congressional support and could influence state or local policy.
Key Points
- 1Establishes a set of enumerated rights for law enforcement officers during investigations into conduct while performing official duties, including self-defense, access to counsel and union representation during interviews, and rights to information about the investigation.
- 2Provides specific investigation-related protections, such as protection from harassment, the right to hear and review adverse charges, and the right to be informed of the nature of the allegations and the complainant.
- 3Includes procedural protections for officers during questioning (e.g., prohibition on offensive language, prohibitions on threats of charges or inducements) and a right to a hearing with access to transcripts and relevant documents.
- 4Adds a right for officers not to be disciplined for invoking the Fifth Amendment to remain silent unless immunity is granted that statements will not be used in a criminal proceeding.
- 5Encourages states to adopt similar “Bill of Rights” provisions for law enforcement personnel, framing the issue as a matter of ensuring fair administration of justice, public safety, and maintaining trust between officers and the communities they serve.
- 6Reaffirms support for law enforcement, condemns calls to “defund” or dismantle police departments, and promotes dialogue between law enforcement and communities.