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SB 1093

Law enforcement: training; duty to intervene policy; require law enforcement agencies to adopt. Creates new act.

2023-2024 Regular Session Introduced by Sarah Anthony and 9 co-sponsors

Law enforcement agencies must adopt a written duty-to-intervene policy requiring officers to intervene when witnessing excessive force, report it promptly, and face discipline for

REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-2)
#lawenforcement:other #lawenforcement:training
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WeVote Research Nonpartisan
Bill Summary · SB 1093

Summary — SB 1093 (Substitute S-2)

Title: Law enforcement: training; duty to intervene policy; require law enforcement agencies to adopt (Law Enforcement Officer Duty to Intervene Act)
Status: Referred to Committee of the Whole with Substitute (S‑2) — reported favorably from Civil Rights, Judiciary, & Public Safety Committee

Main purpose

To require every Michigan law enforcement agency to adopt and distribute a written “duty to intervene” policy that (1) obligates officers who witness excessive force to intervene when safe and feasible, (2) requires prompt reporting of such observations, and (3) makes policy violations subject to discipline. The bill is intended to standardize expectations across agencies and increase accountability and public trust.

Key provisions

  • Agencies must adopt a written duty-to-intervene policy within six months after the Act’s effective date (as reported in the committee analysis of S‑2).
  • Minimum policy standards:
    • An officer who is present and visually observes another officer using excessive force must intervene when in a position and as soon as it is safe and feasible to do so to end or prevent further excessive force.
    • An officer who observes another officer use excessive force must report those observations and actions to the immediate supervisor immediately or within 72 hours (whichever is feasible).
    • Violation of the policy is grounds for disciplinary action, including dismissal, demotion, suspension, or transfer.
  • Agencies must provide a copy of their policy to each officer they employ.
  • Agencies may adopt policies that exceed the Act’s minimum standards.
  • Definitions included: “excessive force” (use beyond what is objectively reasonably necessary or that violates constitutional/statutory/policy limits) and “objectively reasonable” (judged from perspective of a reasonable officer on the scene, allowing for split‑second decisions).

Who is affected

  • All entities defined as “law enforcement agencies” under the Michigan Commission on Law Enforcement Standards (MCOLES) framework — includes state, local, tribal, university, transit/airport/public‑safety officers and many specialized officers.
  • All licensed law enforcement officers employed by those agencies (subject to policy, reporting, and discipline).

Timeline, procedure & related measures

  • Reported with Substitute S‑2; listed as referred to the Committee of the Whole with S‑2. As reported, agencies have six months after the Act’s effective date to adopt policies.
  • SB 1093 (S‑2) is tie‑barred to SB 1092 and SB 1099 (related bills addressing standardized training, licensing, background checks, and other MCOLES reforms). Those bills together create a package addressing training, intervention expectations, and licensing/accountability.

Fiscal impact

  • Nonpartisan committee analysis estimates a negligible fiscal impact on State and local agencies for developing and distributing written policies. (Related training and licensing bills in the package carry larger, less-certain training costs.)

Notes

  • The bill sets a statewide floor for duty-to-intervene policy content; agencies retain authority to adopt stricter rules.
  • Tracking: reported favorably from committee (S‑2); further legislative action depends on floor consideration and any amendments.

Compiled from official sources — confirm details with the bill’s official record.

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