§ 2362a. Potential hiring agency; duty to contact current or former agencies
(a)(1) Prior to hiring a law enforcement officer, the executive officer of a potential hiring
law enforcement agency shall:
(A) require that officer to execute a written waiver that explicitly authorizes:
(i) the officer’s current law enforcement agency employer to disclose its analysis of
the officer’s performance at that agency, if the officer is still employed at that
agency; or
(ii) any previous law enforcement agency employers to disclose their analysis of the officer’s
performance at that agency and the reason that officer is no longer employed by that
agency, regardless of whether or not the officer is currently employed at an agency;
and
(B) contact all known previous law enforcement agencies to obtain the disclosures described
in subdivisions (A)(i) and (ii) of this subdivision (1) and provide to the previous
law enforcement agency a copy of the officer’s written waiver.
(2) An officer who refuses to execute the written waiver shall not be hired by the potential
hiring agency.
(b)(1)(A) If that current or former agency is a law enforcement agency in this State, the executive
officer of that current or former agency or designee shall disclose to the potential
hiring agency in writing its analysis of the officer’s performance at that agency
or the reason the officer is no longer employed by the former agency, as applicable.
(B) The executive officer or designee shall send a copy of the disclosure to the officer
at the same time he or she sends it to the potential hiring agency.
(2) Such a current or former agency shall be immune from liability for its disclosure
described in subdivision (1) of this subsection, unless such disclosure would constitute
intentional misrepresentation or gross negligence.
(c) A potential hiring agency that receives a disclosure under subsection (b) of this
section shall keep the contents of that disclosure confidential.
(d) A collective bargaining agreement between a law enforcement agency and the exclusive
representative or bargaining agent of the law enforcement officers employed by that
agency shall not include a prohibition on the exchange of information between the
employing agency and another agency about an officer’s performance at the employing
agency. (Added 2017, No. 56, § 1; amended 2019, No. 166 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2023, No. 75, § 6, eff. June 19, 2023.)