| 1 | 1 | | HOUSE BILL NO. 6119 A bill to require law enforcement agencies to regulate failures of law enforcement officers to intervene during the use or attempted use of excessive force; to permit law enforcement officers to report certain wrongful conduct observed by those law enforcement officers; 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 may be cited as the "law enforcement officer duty to intervene act". Sec. 2. As used in this act: (a) "Excessive force" means use of force beyond what is objectively reasonably necessary, under the totality of the circumstances, to effectively gain control of a situation to protect the safety of the law enforcement officer or other individuals, or any other use of force that violates the United States Constitution, the state constitution of 1963, a federal or state law, or a reasonable use of force policy of the employing law enforcement agency. (b) "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. (c) "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. (d) "Objectively reasonable" means an inquiry as to whether the law enforcement officer's use of force is objectively reasonable in light of the facts and circumstances confronting the law enforcement officer, without regard to the law enforcement officer's underlying intent or motivation. For purposes of this definition, the reasonableness of a particular use of force by a law enforcement officer must be judged from the perspective of a reasonable law enforcement officer on the scene, and its calculus must embody an allowance for the fact that law enforcement officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. Sec. 3. (1) Beginning 6 months after the effective date of this act, each law enforcement agency in this state shall adopt a written duty to intervene policy. (2) The policy described in subsection (1) must require, at a minimum, all of the following: (a) That a law enforcement officer acting in the course of the law enforcement officer's duty as a law enforcement officer who is present and visually observes another law enforcement officer engaging in the use of excessive force against an individual shall intervene when in a position and as soon as it is safe and feasible to do so, to end or prevent the use or further use of excessive force. (b) That a law enforcement officer acting in the course of the law enforcement officer's duty as a law enforcement officer who visually observes another law enforcement officer use excessive force shall report those observations and actions to the immediate supervisor of the law enforcement officer who used excessive force immediately or within 72 hours after the date the law enforcement officer observed the use of excessive force by another law enforcement officer, whichever is feasible. (c) That a violation of the law enforcement agency's policy is grounds for disciplinary action against the law enforcement officer, including, but not limited to, dismissal, demotion, suspension, or transfer of the law enforcement officer. (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. (4) This act does not prohibit a law enforcement agency from adopting a policy that exceeds the requirements of this act or adds additional requirements to the policy adopted in accordance with this section. |
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| 23 | 23 | | HOUSE BILL NO. 6119 |
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| 27 | 27 | | A bill to require law enforcement agencies to regulate failures of law enforcement officers to intervene during the use or attempted use of excessive force; to permit law enforcement officers to report certain wrongful conduct observed by those law enforcement officers; and to provide for the powers and duties of certain state and local governmental officers and entities. |
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| 29 | 29 | | the people of the state of michigan enact: |
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| 31 | 31 | | Sec. 1. This act may be cited as the "law enforcement officer duty to intervene act". |
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| 32 | 32 | | |
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| 33 | 33 | | Sec. 2. As used in this act: |
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| 35 | 35 | | (a) "Excessive force" means use of force beyond what is objectively reasonably necessary, under the totality of the circumstances, to effectively gain control of a situation to protect the safety of the law enforcement officer or other individuals, or any other use of force that violates the United States Constitution, the state constitution of 1963, a federal or state law, or a reasonable use of force policy of the employing law enforcement agency. |
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| 37 | 37 | | (b) "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. |
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| 38 | 38 | | |
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| 39 | 39 | | (c) "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. |
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| 40 | 40 | | |
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| 41 | 41 | | (d) "Objectively reasonable" means an inquiry as to whether the law enforcement officer's use of force is objectively reasonable in light of the facts and circumstances confronting the law enforcement officer, without regard to the law enforcement officer's underlying intent or motivation. For purposes of this definition, the reasonableness of a particular use of force by a law enforcement officer must be judged from the perspective of a reasonable law enforcement officer on the scene, and its calculus must embody an allowance for the fact that law enforcement officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. |
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| 43 | 43 | | Sec. 3. (1) Beginning 6 months after the effective date of this act, each law enforcement agency in this state shall adopt a written duty to intervene policy. |
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| 45 | 45 | | (2) The policy described in subsection (1) must require, at a minimum, all of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) That a law enforcement officer acting in the course of the law enforcement officer's duty as a law enforcement officer who is present and visually observes another law enforcement officer engaging in the use of excessive force against an individual shall intervene when in a position and as soon as it is safe and feasible to do so, to end or prevent the use or further use of excessive force. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) That a law enforcement officer acting in the course of the law enforcement officer's duty as a law enforcement officer who visually observes another law enforcement officer use excessive force shall report those observations and actions to the immediate supervisor of the law enforcement officer who used excessive force immediately or within 72 hours after the date the law enforcement officer observed the use of excessive force by another law enforcement officer, whichever is feasible. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) That a violation of the law enforcement agency's policy is grounds for disciplinary action against the law enforcement officer, including, but not limited to, dismissal, demotion, suspension, or transfer of the law enforcement officer. |
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| 52 | 52 | | |
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| 53 | 53 | | (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. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) This act does not prohibit a law enforcement agency from adopting a policy that exceeds the requirements of this act or adds additional requirements to the policy adopted in accordance with this section. |
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