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2133
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MARVIN MANDEL, Governor
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(8) A complete record, either written,
taped, or transcribed, shall be kept of the complete
interrogation of a law—enforcement officer, including all
recess periods. UPON COMPLETION OF THE INVESTIGATION,
AND UPON REQUEST OF THE LAW-ENFORCEMENT OFFICER UNDER
INVESTIGATION OR HIS COUNSEL, [A] A copy of the record OF
HIS INTERROGATION shall be MADE available [to the officer
or his counsel upon request] NOT LESS THAN TEN DAYS PRIOR
TO ANY HEARING.
(9) If the law—enforcement officer under
interrogation is under arrest, or is likely to be placed
under arrest as a result of the interrogation, he shall
be completely informed of all his rights prior to the
commencement of the interrogation.
(10) At the request of any law-enforcement
officer under interrogation, he shall have the right to
be represented by counsel or any other responsible
representative of his choice who shall be present at all
times during the interrogation, unless waived by the
law-enforcement officer. The interrogation shall be
suspended for a [reasonable time] PERIOD OF TIME NOT TO
EXCEED TEN DAYS until representation [can be] IS
obtained. HOWEVER, THE CHIEF MAY, FOR GOOD CAUSE SHOWN,
WITHIN THAT TEN DAY PERIOD, EXTEND THAT PERIOD OF TIME.
(11) [No] A statute [shall] MAY NOT abridge
[nor shall any] AND A law-enforcement agency MAY NOT
adopt any regulation which prohibits the right of a
law-enforcement officer to bring suit arising out of his
duties as a law-enforcement officer.
(12) [No] A law-enforcement agency [shall]
MAY NOT insert any adverse material into any file of the
officer, except the file of the internal investigation or
the intelligence division, unless the officer has an
opportunity to review, sign, receive a copy of, and
comment in writing upon the adverse material, unless the
officer waives these rights.
(13) (I) IF THE CHIEF IS THE
LAW-ENFORCEMENT OFFICER UNDER INVESTIGATION, THE CHIEF OF
ANOTHER LAW-ENFORCEMENT AGENCY IN THIS STATE SHALL
FUNCTION AS THE LAW-ENFORCEMENT OFFICER OF THE SAME RANK
ON THE HEARING BOARD.
(II) IF THE CHIEF OF A STATE
LAW-ENFORCEMENT AGENCY IS UNDER INVESTIGATION, THE
GOVERNOR SHALL APPOINT THE CHIEF OF ANOTHER
LAW-ENFORCEMENT AGENCY AS THE LAW-ENFORCEMENT OFFICER OF
THE SAME RANK ON THE HEARING BOARD.
(III) IF THE CHIEF OF A COUNTY OR
MUNICIPAL LAW-ENFORCEMENT AGENCY IS UNDER INVESTIGATION,
THE OFFICIAL WHO MAY APPOINT THE CHIEF'S SUCCESSOR SHALL
APPOINT THE CHIEF OF ANOTHER LAW-ENFORCEMENT AGENCY AS
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