PolicyBrief
H.RES. 395
119th CongressMay 7th 2025
Establishing a "Bill of Rights" to support United States law enforcement personnel nationwide in their work to protect our communities.
IN COMMITTEE

A bill to establish a Law Enforcement Bill of Rights, encouraging states to protect law enforcement personnel during investigations, ensuring fair treatment and essential protections while maintaining public safety.

Andrew Garbarino
R

Andrew Garbarino

Representative

NY-2

LEGISLATION

Resolution Urges States to Adopt 'Law Enforcement Bill of Rights,' Detailing New Protections for Officers Under Investigation

A new resolution is on the table, and it's all about encouraging states to roll out a 'Law Enforcement Bill of Rights.' The idea is to give police officers a specific set of protections when they're being investigated or prosecuted for things that happen while they're on duty. We're talking about rights like having a lawyer during interviews, knowing the investigation's focus upfront, and even the ability to remain silent, as per the Fifth Amendment, without it costing them their job unless they're granted immunity. The resolution also gives a nod to the work police do, pushes back against calls to 'defund the police,' and calls for more conversations between cops and communities to boost public safety.

The Nitty-Gritty: What's Actually in This Officer 'Bill of Rights'?

So, what kind of protections are we talking about here? This isn't just a pat on the back; the proposed 'Bill of Rights' outlines some pretty specific safeguards for officers. For instance, if an officer is under investigation, they'd have the right to legal representation during any questioning – think of it like having your own lawyer in the room. They'd also need to be told before an interview what the investigation is about, so no walking in blind.

The proposal also covers the conditions of questioning itself, stating officers shouldn't be subjected to 'offensive language or threats.' Plus, there's a right to a hearing where they can access relevant info and respond to any accusations. A big one is the right to remain silent, pulling from the Fifth Amendment, meaning an officer couldn't face disciplinary action for not talking, unless they're granted immunity – which is basically a promise that what they say won't be used to prosecute them criminally. The resolution also mentions things like the right to self-defense, legal help if they're assaulted, protection from harassment, and getting the necessary safety gear for their job.

Walking the Tightrope: Officer Protections and Public Trust

The main goal here, according to the resolution, is to make sure justice is administered fairly when officers face scrutiny, while also protecting the public. It's a balancing act. On one hand, these protections could make officers feel more secure, knowing there are clear rules if they're investigated, potentially shielding them from baseless accusations that could wreck a career. The resolution also explicitly 'condemns calls to defund, disband, dismantle, or abolish the police' and 'encourages dialogue between law enforcement and their communities to improve public safety.'

But here's where it gets tricky for folks on the other side of the equation – like community members who've had a bad experience or civilian groups trying to oversee police actions. Could these protections, especially things like an officer's right to remain silent without penalty (barring immunity), make it harder to get to the bottom of things if misconduct is alleged? Some might worry that if an officer can stay silent without immediate job-related consequences, it could slow down or complicate investigations into serious incidents. This is where that 'dialogue' the resolution calls for becomes super important, because building trust means everyone needs to feel the system is fair.

The Fine Print: What Do 'Harassment' and 'Offensive Language' Mean in Practice?

Now, let's talk about some of the language. The proposal says officers should have 'protection from harassment' and not be 'subjected to offensive language' during questioning. These sound reasonable on the surface, but the resolution doesn't spell out exactly what counts as 'harassment' or 'offensive.' This is where the 'Medium Vagueness' assessment comes in. Who decides what crosses the line from tough, necessary questioning in a serious investigation to 'offensive language' or 'harassment'?

Without clear definitions, there's a risk these protections could be interpreted broadly. For example, could an investigator asking hard questions be accused of harassment? This ambiguity could impact how thoroughly investigations are conducted. It’s important to remember this resolution encourages states to adopt these measures; it doesn't mandate them. So, if states do pick this up, how they define these terms will be pretty crucial to how it all plays out on the ground for both officers and the public.