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Advocacy


Published on Apr 09, 2021

Law enforcement officers have new legal duty to intervene

Contact: Sharon Swanson, Jacob Ewing

A bill requiring law enforcement officers to intervene and report the use of excessive force by a fellow officer has passed through the Legislature.

As amended, SB 5066:

  • States that the duty to intervene and report wrongdoing applies to general authority peace officers, rather than all peace officers under the Mutual Aid Peace Officer Powers Act.
  • Modifies provisions to refer to "use of excessive force," instead of "excessive use of force."
  • Requires a peace officer to make a report to a supervisor when the officer witnesses wrongdoing committed by another peace officer.
  • Provides that the restriction against an agency disciplining or retaliating against a peace officer for intervening or reporting wrongdoing applies when the peace officer acted in good faith.
  • Clarifies that the Criminal Justice Training Commission (CJTC) is the primary entity responsible for developing the model policy on the duty to intervene and requires the CJTC to consult with the entities and interest groups named in the bill.
  • Specifies that the requirement for existing officers to receive training on the duty to intervene by December 31, 2023 applies to officers who complete basic law enforcement training prior to January 31, 2022.
  • Updates definitions for “Excessive Force” and “Wrongdoing.”

SB 5066 now heads to the Governor’s office to be signed into law.

  • Advocacy
  • Public safety & criminal justice

 

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