Bill > A5010

Introduced Session

This bill requires the Attorney General to establish a model duty-to-intervene policy for law enforcement officers, and requires each agency, department, or other entity that employs law enforcement officers in the State to adopt the policy or one that is substantially identical. Under the bill, the policy would be required to include an affirmative duty to intervene if a law enforcement officer witnesses another law enforcement officer engage in any of the following: (1) an unjustifiable use of force; (2) a deprivation of civil rights; (3) any other act which constitutes a criminal offense in this State; and (4) any other act requiring intervention, as determined by the Attorney General. The bill also requires the policy to include disciplinary action for a law enforcement officer who fails to intervene when required under its provisions. The bill further provides that each agency, department, or other entity that employs law enforcement officers in this State would be required to adopt the policy established by the Attorney General or a policy that is substantially identical. An entity adopting its own policy would be required to make application to the Attorney General for approval of the policy prior to adoption. Additionally, the bill contains reporting requirements. Under the bill's provisions, entities that employ law enforcement officers would be required to report on a quarterly annual basis to the Attorney General each incidence of an intervention committed by a law enforcement officer employed by the entity for that time period. The Attorney General would be required to report annually to the Legislature a summary of the quarterly reports.

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Herbert Conaway (D)*,  Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Community Development and Affairs Committee (on 11/19/2020)