Bill Text: MI HB6117 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Law enforcement: other; use of force policies; require law enforcement agencies to create. Creates new act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-12-10 - Referred To Second Reading [HB6117 Detail]
Download: Michigan-2023-HB6117-Introduced.html
HOUSE BILL NO. 6117
A bill to require law enforcement agencies to adopt certain policies on the use of force by law enforcement officers; to require law enforcement agencies to update the use of force policies; 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:
(a) "Deadly force" means any force that a reasonable law enforcement officer would objectively consider likely to create a substantial risk of death or serious bodily harm.
(b) "De-escalation technique" means a range of integrated strategies and tactics used by a law enforcement officer to diffuse a potentially volatile or violent situation with the aim to reduce the immediacy of the threat and level of force required for resolution while ensuring the safety of the law enforcement officer and public.
(c) "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.
(d) "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.
(e) "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 known to 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, rather than with the 20/20 vision of hindsight, and must take into consideration the fact that law enforcement officers are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving. An inquiry must consider the severity of the crime at issue; whether the individual posed an immediate threat to the safety of the law enforcement officer or others; whether the individual was actively resisting arrest or attempting to evade arrest by flight; whether the individual was experiencing a medical emergency that rendered the individual incapable of making a rational decision under circumstances that posed an immediate threat of serious harm to the law enforcement officer or others; whether some degree of force by the law enforcement officer was reasonably necessary to ameliorate the immediate threat; and whether the force used was more than reasonably necessary under the circumstances.
(f) "Policy" means the use of force policy adopted by a law enforcement agency under section 2.
(g) "Serious bodily harm" means any bodily injury that creates a substantial risk of death, permanent disfigurement, or permanent loss or impairment of any bodily limb or organ.
Sec. 2. (1) Beginning 6 months after the effective date of this act, each law enforcement agency shall adopt a use of force policy.
(2) The policy required under subsection (1) must be consistent with all applicable federal, state, and local laws and include, at a minimum, all of the following:
(a) A requirement that a law enforcement officer may only use physical force that is objectively reasonable.
(b) Standards, procedures, and considerations for all of the following:
(i) Using physical force on an individual.
(ii) Issuing a verbal warning.
(iii) Using deadly force on an individual only when the use of deadly force is necessary to protect the law enforcement officer or another individual from an imminent threat of death or serious bodily harm.
(iv) Using other alternatives to the use of physical or deadly force and de-escalation techniques.
(c) A statement that use of physical force that restricts air or blood flow to the throat or windpipe of an individual constitutes deadly force.
(3) Nothing in this act prohibits a law enforcement agency from adopting a policy that exceeds the requirements of this act.
Sec. 3. Each law enforcement agency shall do all of the following:
(a) Continuously review and, when necessary, update its policy to ensure that its updated policy complies with this act and is consistent with case law precedent.
(b) Make its use of force policy publicly available by posting it on the law enforcement agency's website, if available, or posting it at the law enforcement agency's physical location.
