Establishing a "Bill of Rights" to support United States law enforcement personnel nationwide in their work to protect our communities.

Bill Number

H.Res. 395

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-05-07: Referred to the House Committee on the Judiciary.

Last Updated

2025-05-21T12:46:23Z

AI-Generated Summary

Purpose

This House Resolution (H. Res. 395) aims to establish a symbolic "Bill of Rights" for law enforcement officers across the United States. It recognizes their service, condemns efforts to "defund" or "abolish" police, and promotes fair treatment during investigations into alleged misconduct. The resolution encourages states to adopt similar protections to ensure officers can perform duties safely while maintaining public trust and community dialogue.

Key Provisions

• Recognition of Law Enforcement: Acknowledges officers' oath to public trust, their role in protecting communities, and the dangers they face.
• Condemnation of Anti-Police Movements: Explicitly opposes calls to "defund," "disband," "dismantle," or "abolish" police, emphasizing the need to maintain the rule of law.
• Outlined Rights for Officers During Investigations:
• Right to self-defense against physical threats.
• Right to legal action if assaulted by a civilian.
• Protection from physical harassment.
• Access to necessary protective equipment.
• Presence of counsel or union representative during interviews.
• Advance notice of investigation details, including complainant's name and allegations.
• During questioning: No offensive language, threats of charges, or inducements (financial or promotional).
• Right to a hearing with prior notification, access to transcripts, documents, and evidence.
• Opportunity to respond to accusations.
• Protection from discipline for invoking the Fifth Amendment right to remain silent (unless granted immunity, meaning statements can't be used in criminal cases).
• Encouragements:
• States to adopt a similar "Bill of Rights" for officers in official duties.
• Dialogue between law enforcement and communities to enhance public safety and mutual respect.
• House of Representatives to respect officers' rights and integrity in investigations.

Significant Changes to Existing Law

As a non-binding resolution (not a statute), it introduces no enforceable changes to federal law. Instead, it expresses the House's position and urges states to enact similar protections through their own legislation. This could influence state policies on officer due process but does not alter current federal standards, such as those under the Fifth Amendment (which protects against self-incrimination).

Potential Impacts

• On Government Agencies: Encourages federal and state law enforcement agencies to adopt fair investigation practices, potentially reducing internal conflicts and improving morale. It may prompt state legislatures to pass supporting laws, affecting how agencies handle misconduct probes.
• On Citizens: Promotes community-law enforcement dialogue, which could foster trust and collaborative safety efforts. However, it might polarize views on police accountability, as it prioritizes officer protections.
• On International Relations: No direct impact, as this is a domestic policy focused on U.S. law enforcement.

Main Stakeholders Affected

• Law Enforcement Officers and Agencies: Primary beneficiaries, gaining symbolic and encouraged protections during investigations to ensure fairness and safety.
• Communities and Citizens: Indirectly affected through calls for dialogue and emphasis on public safety; may influence perceptions of police accountability.
• State Governments: Urged to adopt similar measures, potentially leading to new state laws on officer rights.
• Advocacy Groups: Police unions and supporters may view it positively, while civil rights organizations focused on police reform might see it as limiting oversight.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Reinforces procedural fairness in internal investigations (e.g., due process rights like notice and representation), aligning with general principles but not creating new federal mandates. It protects Fifth Amendment invocation without penalty in disciplinary contexts.
• Constitutional Implications: Supports officers' self-defense and free speech rights implicitly, while emphasizing the rule of law; no direct challenges to constitutional protections for citizens.
• Political Implications: Signals strong congressional support for law enforcement amid national debates on policing, potentially influencing elections and policy agendas. As a partisan-leaning measure (introduced by Republican members), it may heighten divisions on criminal justice reform without resolving tensions between officer rights and public accountability.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Garbarino, Andrew R. [R-NY-2]

Cosponsors (11)

Rep. Malliotakis, Nicole [R-NY-11], Rep. Tenney, Claudia [R-NY-24], Rep. Lawler, Michael [R-NY-17], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. LaLota, Nick [R-NY-1], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Stauber, Pete [R-MN-8], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Diaz-Balart, Mario [R-FL-26], Rep. Stefanik, Elise M. [R-NY-21], Rep. Bresnahan, Robert P. [R-PA-8]

Recent Actions

• 2025-05-07: Referred to the House Committee on the Judiciary.
• 2025-05-07: Submitted in House
• 2025-05-07: Submitted in House

Bill Versions

• Establishing a "Bill of Rights" to support United States law enforcement personnel nationwide in their work to protect our communities. — issued 2025-05-07 — PDF (4 pages)