Bill
HB 6117
Michigan requires every law-enforcement agency to adopt a written use-of-force policy with minimum standards (de-escalation, alternatives, deadly-force rules) and publish it.
Status & Procedural History
- Introduced in the Michigan House on November 14, 2024 (Rep. Felicia Brabec; co-sponsors include Reps. McKinney and Abraham Aiyash).
- Reported with substitute (H‑2) and referred to second reading on December 10, 2024.
- House Fiscal Agency prepared an analysis; identical companion legislation referenced (Senate Bill 1091).
Purpose
- Require every Michigan law enforcement agency to adopt and maintain a written use-of-force policy that establishes minimum statewide standards for officers’ use of physical and deadly force, and for de-escalation and alternatives.
Key Definitions (selected)
- Deadly force: any force a reasonable officer would objectively consider likely to create a substantial risk of death or serious bodily harm.
- Objectively reasonable: an inquiry based on the facts and circumstances known to the officer at the scene (not intent or hindsight), considering factors such as crime severity, immediate threat to safety, active resistance or flight, medical emergency, necessity of force, and whether force used was more than reasonably necessary.
- Serious bodily harm: injury creating substantial risk of death, permanent disfigurement, or permanent loss/impairment of a limb or organ.
- De‑escalation technique: integrated strategies and tactics to diffuse potentially volatile situations to reduce threat and force needed while preserving safety.
Minimum Policy Requirements
- Agency policies must be consistent with federal, state, and local law and must, at minimum:
- Require officers to use only objectively reasonable physical force.
- Set standards, procedures, and considerations for:
- Using physical force on an individual;
- Issuing verbal warnings;
- Using deadly force only when necessary to protect the officer or another from an imminent threat of death or serious bodily harm;
- Employing alternatives and de‑escalation techniques.
- Include an explicit statement that intentional physical force that continuously restricts airflow to the throat or windpipe constitutes deadly force if it creates a substantial risk of death or serious bodily harm.
- Agencies may adopt policies more restrictive than these minimums.
Agency Duties & Transparency
- Agencies must continuously review and update policies as needed to remain compliant and consistent with case law.
- Policies must be made publicly available (posted on the agency website if available, or at the agency’s physical location).
Timing & Implementation
- The substitute bill requires agencies to adopt a use‑of‑force policy beginning six months after the act’s effective date. (House Fiscal Agency analysis previously noted an effective date provision of 90 days after enactment in earlier text; the operative timeline in the H‑2 substitute is adoption within six months after the act becomes effective.)
Who Is Affected
- All law enforcement agencies and officers as defined by the Michigan Commission on Law Enforcement Standards (MCOLES) Act — i.e., state, county, municipal, and other agencies employing MCOLES-defined officers.
Fiscal Impact
- The House Fiscal Agency estimates a minor fiscal impact to state and local governments related to administrative costs for creating or updating policies and publishing them.
Background & Context
- The bill is part of a broader legislative response addressing law enforcement use of force practices; it tracks prior proposals (including Senate Bill 481 from 2021–22) and mirrors companion Senate legislation (SB 1091).
Contact / Further Reading
- Full bill text and legislative history available via the Michigan Legislature website; House Fiscal Agency analysis available at http://www.legislature.mi.gov.
Compiled from official sources — confirm details with the bill’s official record.
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