SENATE BILL NO. 335

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) "Commission" 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 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) "Officer" means a law enforcement officer as that term is defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

Sec. 3. (1) Not later than 12 months after the effective date of this act, each law enforcement agency in this state shall adopt a written duty to intervene policy that requires an officer to act to end or prevent the use or further use of objectively unreasonable force by another officer and report the officer's observations to an immediate supervisor.

(2) Each law enforcement agency in this state shall provide a copy of the policy required under subsection (1) to an officer in its employ and indicate that a violation of the policy is grounds for disciplinary action.

(3) To meet the requirements of subsection (1), a law enforcement agency may adopt the model duty to intervene policy created by the commission under section 11 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.611.

(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.

Enacting section 1. This act does not take effect unless Senate Bill No. 341 of the 103rd Legislature is enacted into law.