Police Officers' Bill of Rights: Purpose, History, and Alternatives

Introduction to the Police Officers' Bill of Rights

POBR stands for Police Officers' Bill of Rights. This bill, sponsored during the 1971–1972 legislative session by the late Congressman Mario Biaggi, initially garnered the support of over 121 cosponsors. The bill was designed with the safety of police officers in mind while also providing them with occupational rights. It originated from Biaggi's personal concern for officer welfare — he himself was a former police officer who had been shot ten times while on duty (Page, 2013).

Although the bill received considerable support, it took twenty years before it was sent to the Senate floor, where it passed by an 8-point margin of 55 to 43 (Schmidt, 2005). It was not until 1995 that the bill was sponsored by both the Senate and the House. The current name for the POBR bills is the "State and Local Law Enforcement Discipline, Accountability, and Due Process Act." The POBR bills have not passed through both Houses of Congress, meaning there is no federal version of these bills (Aitchison, 2015). However, a minimum of seventeen states have enacted versions of the POBR bills, including Delaware, California, Louisiana, Tennessee, Texas, and Virginia (Schmidt, 2005).

Legislative History and State Adoption

Although some states have adopted the POBR bills, in the past ten years, states without enacted POBR legislation have seen police union action aimed at bringing these bills into law. Those efforts have met with little success, largely due to the lack of uniformity among state POBR versions. Regardless of whether state or federal governments have enacted the bills, some jurisdictions have sought to voluntarily adopt and draft their own POBR provisions.

An employee bill of rights exists in most states for police officers and must be considered when conducting personnel investigations. Criminal justice employees are protected under the Bill of Rights of the U.S. Constitution, as are other citizens. However, labor organizations have further promoted officers' bill of rights legislation. This bill exists because most criminal justice employees operate within a hierarchical, authoritarian structure that could result in employees surrendering their rights in response to commands from superiors (Cronkhite & Cronkhite, 2013, p. 185).

Voluntary Adoption by State Associations

Two state associations — the Colorado Association of Chiefs of Police and the Arizona Association of Chiefs of Police — amended their Professional Standards and published a Model Policy as a form of voluntary POBR adoption. This approach was taken in response to various legislative attempts to enforce union-sponsored versions of the POBR in those respective states. These actions led to a draft version of POBR law intended to serve as a reference document in states where POBR legislation remains pending. Although the draft was not approved by the International Association of Chiefs of Police (IACP) Legislative Committee, it did attract attention from several state associations of chiefs of police.

Conclusion

The POBR bills are an important part of police officer rights. While they have not been accepted by all state governments or the federal government, some enactment has occurred. Maryland, for example, was the first state to pass such a bill of rights. Before these bills — and specifically before the Law Enforcement Officers' Bill of Rights — officers could be dismissed without being given any reason. Police officers need to be protected, as their line of work makes them particularly vulnerable to complaints being filed against them.

The POBR bills were created and supported by police officers who had been shot on duty or had experienced other occupational injustices. Having this legislation in effect does not confer special privileges on police officers; rather, it extends to them what every U.S. citizen already has under the Constitution — basic human rights and the potential right to mount a defense in a criminal court case. Having the POBR enacted, or at least made available for voluntary acceptance, allows police officers in any given state to be informed of their rights and guided in how to conduct themselves while on duty.

Although strong resistance to making the POBR bills universally applicable across all states remains, progress is being made toward enabling further discussion on the topic. Discussing these issues allows police officers to feel that their voices are being heard and can improve overall morale. It is very difficult to be a police officer, especially when one is not made aware of the full range of rights available. Rights are — and should be — afforded to every U.S. citizen. Eventually, progress will be made.

References

Aitchison, W. (2015). The rights of law enforcement officers. Portland, OR: Labor Relations Information System Publications.

Cronkhite, C. & Cronkhite, C. (2013). Law enforcement and justice administration. Burlington, MA: Jones & Bartlett Learning.

Page, J. (2013). The toughest beat. Oxford: Oxford University Press.

Schmidt, W. (2005). Peace Officers' Bill of Rights guarantees: Responding to union demands with a management sanctioned version. Law Enforcement Executive Forum, 5(2), 1–10.