H.R. 498 – Reading Mode

112th CONGRESS

1st Session

H. R. 498

IN THE HOUSE OF REPRESENTATIVES

January 26, 2011

Mr. Latta (for himself, Mr. Holden, Mr. Connolly of Virginia, Mr. Austria, Mr. Rooney, Mr. Pascrell, Mrs. Lummis, Mr. Lee of New York, Mr. Westmoreland, and Mr. Dent) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To amend section 1502 of title 5, United States Code, to permit law enforcement officers to be candidates for sheriff, and for other purposes.

Short title

This Act may be cited as the State and Local Law Enforcement Hatch Act Reform Act of 2011.

Hatch Act Reform

(a)

Permitting law enforcement officers To be candidates for sheriff

Section 1502(c) of title 5, United States Code, is amended—

(1)

in paragraph (3), by striking or after the semicolon;

(2)

in paragraph (4), by striking the period and inserting ; or; and

(3)

by adding at the end the following:

(5)

a law enforcement officer who is a candidate for sheriff.

(b)

Political activities

Section 1502 of title 5, United States Code, is amended by adding at the end the following:

(d)

Subsection (a)(1) of this section does not prohibit a sheriff from participating in political campaigns for, or endorsing, political candidates running for elective office by—

(1)

attending or speaking at political campaign rallies or events;

(2)

holding or sponsoring political fundraisers; or

(3)

appearing on political advertisements, including print, radio, television, or any other form of advertising.

(c)

Amendment to definitions

Section 1501 of title 5, United States Code, is amended—

(1)

in paragraph (3), by striking and after the semicolon;

(2)

in paragraph (4), by striking the period and inserting a semicolon; and

(3)

by adding at the end the following:

(5)

law enforcement officer means a State or local officer or employee whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of a State or local jurisdiction, including an officer or employee engaged in this activity who is transferred to a supervisory or administrative position; and

(6)

sheriff means an individual who holds the elected Office of Sheriff, as defined by State constitution or State statute, of a county, town, township, parish, village, or other general purpose political subdivision of a State.

Statute of limitations

Section 1504 of title 5, United States Code, is amended—

(1)

by inserting (a) In general.— before When; and

(2)

by adding at the end the following:

(b)

Statute of limitations for law enforcement officers

With respect to paragraphs (1) and (3) of section 1502(a), the Special Counsel may not present any charges against a law enforcement officer under subsection (a) after the end of the 6-month period beginning on the later of—

(1)

the date of the alleged violation of paragraph (1) or (3) of section 1502(a), as the case may be; or

(2)

the date of the enactment of the State and Local Law Enforcement Hatch Act Reform Act of 2011.