Bill
HB 6119
Michigan HB 6119 requires law enforcement agencies to adopt a duty-to-intervene policy, report observed excessive force, and discipline violations, with 12-month compliance.
Status
- Introduced in the Michigan House (Rep. Abraham Aiyash). First read 11/14/2024.
- Reported with recommendation with substitute (H‑1) and referred to second reading (12/10/2024). Referred to a joint committee on 1/22/2025.
- Substitute (H‑1) is the most recent recommended version.
Purpose and intent
- Require Michigan law enforcement agencies to adopt a written “duty to intervene” policy so officers who witness unreasonable or excessive force by another officer must act to stop it and report it. The bill seeks to regulate failures to intervene, encourage reporting of wrongdoing, and create minimum statewide standards for agency policies.
Key definitions (from bill text)
- Law enforcement agency / law enforcement officer: as defined in the Michigan Commission on Law Enforcement Standards (MCOLES) Act.
- Excessive force (introduced version): force beyond what is objectively reasonably necessary under the totality of circumstances to control a situation or any use of force that violates the U.S. or Michigan Constitutions, federal/state law, or a reasonable agency use‑of‑force policy.
- Objectively reasonable: judged from the perspective of a reasonable officer on the scene, allowing for split‑second decision making.
Core provisions (differences between introduced text and substitute H‑1 noted)
- Duty to adopt policy:
- Introduced bill: agencies must adopt a written duty to intervene policy within 6 months after the act’s effective date.
- Substitute (H‑1): extends compliance period to 12 months.
- Minimum policy requirements (both versions):
- An officer who is present and visually observes another officer using excessive / objectively unreasonable force must intervene as soon as it is safe and feasible to do so to end or prevent further improper force.
- An officer who visually observes another officer using excessive force must report those observations and actions to the immediate supervisor immediately or within 72 hours (whichever is feasible) — substitute summarizes the reporting requirement more generally.
- Violation of the agency’s policy is grounds for discipline (including dismissal, demotion, suspension, transfer).
- Agencies must provide a copy of the policy to each officer.
- Additional features in substitute (H‑1):
- Agencies may meet requirements by adopting a model duty to intervene policy created by the MCOLES commission.
- Includes an enactment condition: the act “does not take effect unless House Bill No. 6112 of the 102nd Legislature is enacted into law” (i.e., contingent enactment).
Who is affected
- All Michigan law enforcement agencies as defined in MCOLES and their sworn officers.
- Supervisors and agency administrators (policy adoption, receipt of reports, disciplinary processes).
- Indirectly affects the public by aiming to reduce incidents of excessive force and improve accountability.
Fiscal and operational impact
- House Fiscal Agency: likely minor fiscal impact — mainly administrative costs for drafting or updating policies, training, distribution, and internal discipline processes. Agencies may incur modest implementation expenses.
Procedural/timing notes
- Substitute H‑1 is the committee‑recommended version; it lengthens compliance time to 12 months and permits use of a commission model policy.
- Effective date differs across versions: the introduced bill referenced a 90‑day post‑enactment effective date; substitute conditions enactment on passage of HB 6112.
- Bill remains under legislative consideration (referred to second reading).
Compiled from official sources — confirm details with the bill’s official record.
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