Michigan Legislators Introduce Bipartisan Legislation to Improve Public Safety and Community Trust With Police

LANSING, Mich. (Nov. 21, 2024) - Last week, a bipartisan group of Michigan state lawmakers introduced a bill package to improve police practices and strengthen community trust and safety. This Public Safety and Community Trust legislation, comprised of Senate Bills 1091-1101 and House Bills 6112-6121, would make reasonable and practical changes to how police officers handle interactions with community members to prevent the use of excessive force and abuse of power. Informed by extensive work with community leaders and law enforcement, these common-sense reforms would ensure Michigan remains a leader in advancing policies that improve public safety and uphold justice.

"Every day, our police officers put their lives on the line for Michigan residents to keep our communities safe. Yet we have seen too many instances here in Michigan and across the country of tragic deaths and injuries due to police misconduct, causing immense pain and mistrust, especially in our communities of color," said Sen. Stephanie Chang (D-Detroit), lead sponsor of the bill package. "With this commonsense legislation, we can and will do both: honor our officers who uphold their oath to serve with integrity and compassion, as well as ensure that our community members are safe by ensuring strong law enforcement standards. And, in doing so, we will not only strengthen the law enforcement profession and build community trust - we will also save lives."

In addition to Sen. Chang, this large-scale legislative package is sponsored by Sens. Jeff Irwin (D-Ann Arbor), Ruth Johnson (R-Holly), Erika Geiss (D-Taylor), Sylvia Santana (D-Detroit), Jeremy Moss (D-Southfield), Sarah Anthony (D-Lansing), Ed McBroom (R- Waucedah Twp.), and Mary Cavanagh (D-Redford Twp.) and Reps. Donavan McKinney (D-Detroit), Kristian Grant (D-Grand Rapids), Jason Hoskins (D-Southfield), Felicia Brabec (D-Pittsfield Twp.), Jimmie Wilson, Jr. (D-Ypsilanti), Abraham Aiyash (D-Detroit), and Stephanie Young (D-Detroit), and is comprised of the following bills:

•SB 1091 (CHANG)/ HB 6117 (BRABEC): Mandates all police agencies create use of force policies that include: requirement for officers to only use physical force that is "objectively reasonable;" standards for and alternatives to using physical force, including de-escalation techniques; and classifying chokeholds as "deadly force."

•SB 1092 (IRWIN): Requires law enforcement officers receive training vetted by behavioral health experts in de-escalation techniques, implicit bias, procedural justice, and crisis response.

•SB 1093 (JOHNSON) / HB 6119 (AIYASH): Requires all law enforcement agencies adopt a duty to intervene policy, which would direct officers to intervene when observing another officer using excessive force and report the incident to the immediate supervisor.

•SB 1094 (GEISS)/ HB 6118 (WILSON): Limits use of no-knock warrants, providing several specific instructions regarding when and how they can be used by an officer who must be in uniform or identifiable as a police officer.

•SBs 1095-1096 (SANTANA) /HBs 6113-6114 (GRANT): Cracks down on body camera tampering, allowing digital images or video audio recordings from body-worn cameras be permitted as "tampering with evidence." The bill also prohibits an officer from failing to activate a camera to intentionally interfere with an investigation or purposely deactivating a camera while using excessive force.

•SBs 1097-1098 (MOSS, CHANG)/ HBs 6115-6116 (HOSKINS, MCKINNEY): Requires a separation record to include any disciplinary process or investigation against an officer; gives the Michigan Commission on Law Enforcement Standards (MCOLES) the authority to create a provisional separation of service record; and guarantees due process for an officer if they disagree with the contents of their separation of service or provisional separation of service records.

•SB 1099 (ANTHONY)/ HB 6112 (MCKINNEY): Requires MCOLES revoke an officer's license if they used excessive force that resulted in the death or serious bodily injury of another individual in their line of duty. The bill would also ensure consistency in background checks prior to licensure of an individual.

•SB 1100 (MCBROOM) / HB 6120 (YOUNG): Ensures that protection for compulsory statements by police officers during internal investigations of wrongdoing will only protect truthful statements

.

•SB 1101 (CAVANAGH)/ HB 6121 (MCKINNEY): Prohibits a person from knowingly disclosing information in a misconduct complaint against an officer that personally identifies the individual who filed the complaint unless there is a court order or the person who filed the complaint gives permission to be identified.

This bipartisan package was developed over the course of 22 months and has incorporated extensive feedback from law enforcement stakeholders such as Michigan State Police, the Michigan Commission on Law Enforcement Standards (MCOLES), and former Detroit Police Chief James White. From Louisiana to Minnesota, many of the elements of this bill package are similar to what other states have been implementing around the country, even mirroring already-existing policies in Michigan's own Detroit Police Department.

"This legislation represents a crucial step toward creating a more just and equitable policing system," said Sen. Geiss. "While we commend the countless officers who serve with integrity and keep our communities safe, we can no longer ignore the systemic issues that have disproportionately harmed Black and Brown individuals. This bill package aims to hold accountable those who abuse their power, ensuring that all people, regardless of their background, are treated with fairness and dignity. We are committed to taking bold action to foster community safety and safeguard the rights of every person in our communities."

"Our law enforcement officials play a crucial role in protecting our communities. This duty comes with an immense responsibility, and we must hold our law enforcement officers to the highest standards," said Sen. Anthony. "This package brings us one step closer to building greater trust between our communities and law enforcement, creating a safer state for everyone. Specifically, my bill in this package streamlines and strengthens the current capabilities of the Michigan Commission on Law Enforcement Standards, ensuring our leaders in law enforcement have the tools they need to hold the few bad actors accountable."

"After the tragic deaths of George Floyd, Tyre Nichols, Aiyana Jones and Grand Rapids' own Patrick Lyoya, Samuel Sterling, Breonna Taylor and too many others at the hands of law enforcement, Michiganders of all backgrounds have called for change," said Rep. Grant. "Police brutality has deep roots that must be dealt with at a systems level, and that's what we're working to do with this reform package. This legislation will uphold the very fact that all people deserve dignity and equal treatment under the law."

"No matter the color of our skin or our how we walk, talk, or pray, we all deserve law enforcement officials we can count on to keep us safe - people we can call for help in a dire situation without fear of being harmed, or even killed, ourselves. But time and time again, we have been shown this is not yet the case here in Michigan and across the country, particularly in the experience of Black folks, other communities of color, and those struggling mental health issues," said Rep. McKinney. "We demand and deserve police officers who are held accountable, who truly uphold justice and treat all people with dignity. This bill package makes it clear that no one is above the law, including those whose very job it is to enforce it."

"The NAACP of Detroit urges the passing of the Public Safety and Community Trust bills, now in both the Michigan Senate and House of Representatives," said Rev. Dr. Wendell Anthony, President of the Detroit Branch NAACP. "If we are truly to be a Michigan that respects and protects the rights of both the citizens and the police, pass the bills now. These bills have been a long time in coming. Let us not be victimized by a long time in waiting for their passing into law. Procrastination is the thief of time."

"Once the bills are adopted, Michigan agencies will see the same benefits that Detroit has seen in augmented trust and confidence within their communities, stronger levels of uniformity and cohesion with their rank and files, greater deference to transparency and overall increases in morale," said Detroit Police Interim Chief Todd Bettison. "But the greatest benefit, as every agency will see, is the knowledge that the reputation of their agencies and officers will be heavily guarded through conformance to statewide standards established by our elected representatives for the benefit of Michigan residents."

Improving accountability in our police departments is not just an issue shared by legislators on both sides of the aisle; Michiganders across the political spectrum want safety in their communities as well, and that includes safety in interactions with law enforcement officials. Results from a 2023 YouGov poll shows that among Michiganders, 90% support duty to intervene policies, 78% support body cam tampering policies, and 74% support use of force policies, alongside other data showcasing their support for policies to improve police standards and community trust.

“Police officers help to keep people safe by deterring, investigating, and interrupting criminal activity,” said Ally Alfonsetti, Legislative Strategist for Prison Fellowship. “Lawmakers in Lansing can improve access to effective, accountable policing across the state by passing the Public Safety and Community Trust package (SB 1091-SB 1101).”

Along with the support of bipartisan state policymakers and Michigan residents, several faith leaders, community groups, and councils are also calling for its adoption, including Gov. Gretchen Whitmer’s Black Leadership Advisory Council, the Michigan Legislative Black Caucus, Everytown for Gun Safety, Law Enforcement Action Partnership, ACLU of Michigan, NAACP Michigan State Conference, NAACP Detroit Branch, Michigan Catholic Conference, Prison Fellowship, Safe and Just Michigan, and the Michigan Collaborative to End Mass Incarceration.