SENATE BILL NO. 480

May 25, 2021, Introduced by Senator JOHNSON and referred to the Committee on Judiciary and Public Safety.

A bill to require law enforcement agencies to regulate law enforcement officers' failure to intervene during the use of excessive force; to enable law enforcement agencies to impose certain disciplinary actions in instances of law enforcement officers' failure to intervene during the use of excessive force; to provide for the adoption of certain policies; and to provide for the powers and duties of certain state and local governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. This act shall be known and may be cited as the "law enforcement officer duty to intervene act".

Sec. 2. As used in this act:

(a) "Law enforcement agency" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

(b) "Law enforcement officer" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

Sec. 3. (1) Beginning July 1, 2022, each law enforcement agency in this state shall adopt a written duty to intervene policy.

(2) The policy required under subsection (1) must include, at a minimum, all of the following:

(a) A law enforcement officer in the employ of a law enforcement agency has an affirmative duty to intervene verbally or physically to prevent an observed use of excessive force by another law enforcement officer.

(b) A law enforcement agency shall take appropriate disciplinary actions against a law enforcement officer who observes the use of excessive force by another law enforcement officer and fails to intervene.

(3) Each law enforcement agency in this state shall provide a copy of the policy required under subsection (1) to a law enforcement officer in its employ.