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Thursday, March 14, 2013

H.R. 218, the “Law Enforcement Officers’ Safety Act”

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1 comment:

OutofControl said...

HR 218 was a label given to the bill for tracking purposes while in the House of Representatives. Now that it is law it is Title 18 US Code 926B, signed in to law in 2004, amended in 2010 and 2013 with the most recent amendment adding Military Police to the list of individuals covered. http://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap44-sec926B.htm
It should be noted that this law is an affirmative defense type law, meaning it doesn't prevent your arrest for violation of state laws. It does give your defense attorney something to bring up in court to get the case dismissed though. I am also currently looking for California case law out of Orange County which identifies this as superceding department policy/ disciplinary action restricting the ability to carry off duty.