A bill to update policies and procedures for addressing potential impeachment disclosures in law enforcement has passed both the House and Senate. Due to the Senate adopting an amendment to the House bill, the House will need to agree to the change before the bill can be signed into law.

HB 1088 has flown through both chambers. A striking amendment adopted in the Senate Law & Justice Committee helped the bill pick up bipartisan support as it passed off the Senate floor with a 46-3 vote.

The bill requires county prosecutors, in partnership with other law enforcement agencies, to develop and adopt written protocols addressing potential impeachment disclosures. The protocols must provide guidance to law enforcement agencies addressing:

• The kinds of conduct that should be recognized as potentially exculpatory;
• The way in which information regarding officer conduct should be maintained and shared; and
• The circumstances under which potential impeachment information about an officer should be removed.

The new protocols must be in place by July 1, 20222, and must be reviewed every two years to determine if changes are needed.

Under the bill, the Criminal Justice Training Commission is also tasked with developing and maintaining online training regarding potential impeachment disclosures. The training will be available by June 30, 2022.

Reporting requirements and new hiring practices remain the same under the new bill. A police department must report to its jurisdictions’ prosecuting authority when an officer is no longer able to serve as a credible witness. Prior to hiring a new officer, a law enforcement agency will need to inquire if the officer has ever been subject to potential impeachment.

HB 1088 now awaits reconsideration in the House.