SB1301

THE CONTEXT: In 2022, the Fifty-fifth Legislature, Second Regular Session, passed Laws 2022, Chapter 378 (law enforcement; misconduct investigations; extension) (HB 2347). HB 2347 revised A.

WHAT THE BILL DID: The final vetoed version would requires, if an officer's employer received an allegation of misconduct before September 24, 2022, the investigation of the misconduct to be completed within one year of the effective date of this act, provides, if the investigation is not completed within the specified timeframe, that the investigation is to be dismissed, and specifies that this act does not apply to investigations: a) Based on allegations of misconduct received on or after September 24, 2022; b) Suspended during a criminal investigation or prosecution in connection with the alleged misconduct; c) Suspended because an officer involved in the investigation was incapacitated or otherwise unavailable; and d) Suspended in a written waiver by the officer under investigation.

WHY IT MATTERED: The practical reason for this bill was to make the government process for misconduct investigations more definite and accountable. It would requires, if an officer's employer received an allegation of misconduct before September 24, 2022, the investigation of the misconduct to be completed within one year of the effective date of this act, and would also provides, if the investigation is not completed within the specified timeframe, that the investigation is to be dismissed, rather than leave the current rule unchanged.