The Legislature has passed a bill establishing a legal duty for officers to intervene when a fellow officer uses excessive force.
The Senate concurred on the House’s amendments to SB 5066 on a 31-18 vote. Under the bill, police officers are required to intervene
if they see a fellow officer using or attempting to use excessive force against another person, but only if the officer is in a position to end the excessive use of force. The bill defines excessive force as force that exceeds that which is
permitted by law or policy of the witnessing officer’s agency.
SB 5066 further mandates that officers have a duty to report wrongdoing. If an officer witnesses wrongdoing committed by another officer or has a good faith belief that another officer has committed wrongdoing, the officer must report
the wrongdoing to their supervisor. The bill defines wrongdoing as conduct that is harmful or contrary to law; or that is a violation of professional standards or ethical rules; and that is not de minimis or a technical violation.
A law enforcement agency must report any disciplinary action for the failure to intervene or report wrongdoing to the Criminal Justice Training Commission to determine whether the officer's conduct may be grounds for suspension or revocation of certification.
SB 5066 aligns with one of AWC’s 2021 legislative priorities to require a duty to intervene for law enforcement.
The bill has passed the Legislature and awaits the Governor’s signature.