HB 4131
Create a Police Officer’s Bill of Rights
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the ‘Police Officer’s Bill of Rights,’ creates a legal framework to protect West Virginia law enforcement officers facing investigations or disciplinary actions. It outlines specific rights for officers, including the right to a hearing, protection against retaliation, and safeguards during interrogations and investigations. The bill also establishes procedures for expunging records of formal complaints and addresses potential penalties for false statements.
Key provisions
- Defines key terms such as ‘Chief,’ ‘Hearing,’ and ‘Hearing board.’
- Guarantees officers the right to a hearing by a hearing board before facing disciplinary action.
- Establishes procedures for interrogations, including the right to counsel and protection from threats of transfer or dismissal.
- Protects officers from retaliation for exercising their rights under the bill.
- Creates a process for expunging records of formal complaints if exonerated or dismissed.
- Outlines a summary punishment process for minor violations.
- Provides a mechanism for emergency suspension of police powers.
- Establishes penalties for knowingly making false statements, reports, or complaints.
Who is affected
- Law enforcement officers in West Virginia
- Law enforcement agencies in West Virginia
- The public (through potential impacts on law enforcement practices)
- Circuit court judges
- Hearing board members
Notable changes
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