LAW ENFORCEMENT TRAINING STANDARDS S.B. 1092 (S-2), 1093 (S-2), & 1099 (S-2):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bills 1092, 1093, and 1099 (Substitute S-2 as reported)
Sponsor: Senator Jeff Irwin (S.B. 1092)
Senator Ruth Johnson (S.B. 1093)
Senator Sarah Anthony (S.B. 1099)
Committee: Civil Rights, Judiciary, and Public Safety
CONTENT
Senate Bill 1092 (S-2) would amend the Michigan Commission on Law Enforcement Officers
Act to do the following:
-- By October 1, 2024, require the Michigan Commission on Law Enforcement Standards
(MCOLES) to research and establish curriculum standards for training in de-escalation
techniques, implicit bias, procedural justice, crisis intervention, and behavioral health
resources and support.
-- Beginning July 1, 2025, require an individual seeking to become licensed as a law
enforcement officer, Tribal law enforcement officer, fire arson investigator, or private
college security officer to complete the training.
-- By July 1, 2026, require already-licensed law enforcement officers to complete the
training.
-- Prescribe continuing education requirements for the curriculum standards.
-- Beginning July 1, 2027, require a law enforcement officer to complete at least 24 hours of
continuing education every two years.
-- Require MCOLES to adopt a model policy for training standards and make the policy
available within six months of the bill's effective date.
-- Require each law enforcement agency to adopt a written policy stating that each of its law
enforcement officers would have to use de-escalation techniques to the extent reasonable
and as safely as possible.
-- Require MCOLES to promulgate rules to ensure compliance with the bill.
Senate Bill 1093 (S-2) would enact the "Law Enforcement Officer Duty to Intervene Act" to
require each law enforcement agency to adopt a duty to intervene policy within 12 months of
the bill's effective date and require agencies to provide a copy of the policy to their employees.
Senate Bill 1099 (S-2) would amend the Michigan Commission on Law Enforcement Standards
Act to do the following:
-- Require individuals licensed as law enforcement officers to undergo a comprehensive
background investigation to determine character fitness, among other licensing
requirements.
-- Require an employing agency to review an officer's separation of service record before
executing an oath.
-- Require an employing agency to attest to MCOLES that an officer satisfied licensing
requirements and include any documentation requested by MCOLES.
-- Allow MCOLES to grant a license to an individual upon determination that the individual
could be brought into compliance with licensing standards through additional screening,
procedures, examinations, testing or other means of verifying compliance provided that
the individual agreed to comply with the additional means and voluntarily relinquish the
license upon failure to comply.
Page 1 of 3 sb1092/1093/1099/2324
-- Require a law enforcement agency to report to MCOLES if an officer in its employ were
the subject of certain criminal charges, the imposition of a personal protective order, the
imposition of an extreme risk protection order (ERPO), or a conviction prohibiting an
individual from handling a firearm for three years.
-- Require an officer to report to MCOLES the imposition of a personal protective order or
ERPO against the officer and a conviction prohibiting an individual from handling a firearm
for three years.
-- Require a license to lapse if an officer did not comply with continuing education
requirements promulgated by MCOLES.
-- Require MCOLES to revoke a license of an individual who was convicted of a misdemeanor
involving domestic violence for assault and battery against specific individuals, among
other reasons for revocation.
-- Allow MCOLES to revoke a license if an individual were not eligible to handle a firearm or
ammunition under State and Federal Law and specify MCOLES would have to promulgate
rules for this type of revocation.
Senate Bills 1092 and 1093 are tie-barred to Senate Bill 1099. Senate Bill 1099 is tie-barred
to Senate Bills 1092 and 1093.
MCL 28.609 et al. (S.B. 1092)
28.609 et al. (S.B. 1099)
BRIEF RATIONALE
According to testimony before the Senate Committee on Civil Rights, Judiciary, and Public
Safety, standardized and transparent training requirements and duty to intervene policies
increase the public trust and improve safety in law enforcement's facilitation of justice. Some
believe that law enforcement officers should be held to the same standards across the State
and from agency to agency. It has been suggested to codify in State law specific trainings
and expectations of law enforcement officers so that the standards are consistent across the
State.
Legislative Analyst: Eleni Lionas
FISCAL IMPACT
Senate Bill 1092 (S-2)'s provisions could result in additional training costs at an amount
difficult to determine at this time for State and local law enforcement. The bill would require
MCOLES to research and identify any gaps in officer training and develop training standards
and curriculum for those training gaps, including training in de-escalation techniques, implicit
bias, procedural justice, behavioral health resources and support available, and crisis
intervention techniques. All licensed officers would be required to meet those standards as
developed and approved by MCOLES, by July 1, 2026. The bill also would require MCOLES
and local and State law enforcement agencies to adopt a written policy that each law
enforcement officer would have to use as de-escalation techniques. Potential costs associated
with the bill's provisions would be mostly found in its requirement that licensed law
enforcement officers complete at least 12 hours of continuing education in the identified
subjects prior to July 1, 2027, and the requirement that beginning July 1, 2027, all 18,600
licensed law enforcement officers in the State complete at least 24 hours every two years of
continuing education related to those subjects. The bill also would require MCOLES to
promulgate rules to implement its provisions. For most of the State’s 573 law enforcement
agencies, there could be costs related in complying with the bill’s requirements, including
costs related to filling positions that could be temporarily vacated due to employee training
requirements.
Page 2 of 3 sb1092/1093/1099/2324
While there is no appropriation attached to the bill, MCOLES already addresses training needs
in the training subjects required under the bill, though perhaps not to the precise extent and
time frame the bill would require. In-service training, Continuing Professional Education
(CPE), has also been established and is being administered by MCOLES. This effort received
a $20.0 million General Fund/General Purpose (GF/GP) one-time start-up funding under
supplemental appropriations from Public Act 1 of 2023. Subsequently, $18.3 million GF/GP
under Fiscal Year (FY) 2023-24 and FY 2024-25 annual appropriations has been appropriated
for this purpose, and MCOLES is also operating a CPE pilot program based upon research and
law enforcement job task analysis, a program similar to the provisions outlined in the bill. It
should be noted that the appropriations made to MCOLES for officer training and CPE over
the last two years are designated for all law enforcement training needs as identified by
MCOLES and not just the training subjects outlined in the bill. The extent that the bill would
exceed training requirements already under current MCOLES priorities and procedures would
determine the additional cost of the bill.
Senate Bill 1093 (S-2) would have a negligible fiscal impact on State and local law
enforcement agencies, requiring them to develop "duty to intervene" policies that contain
certain procedural requirements proposed under the bill.
Senate Bill 1099 (S-2) would have a moderate fiscal impact on State and local law
enforcement agencies, amending and adding certain law enforcement officer licensing
requirements and powers established for law enforcement agencies and MCOLES, which
should largely be supported by existing revenues.
Date Completed: 12-9-24 Fiscal Analyst: Bruce R. Baker
SAS\Floors2324\sb1092
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official
statement of legislative intent.
Page 3 of 3 Bill Analysis @ www.senate.michigan.gov/sfa sb1092/1093/1099/2324
Statutes affected: Substitute (S-2): 28.601, 28.615, 28.609
Senate Introduced Bill: 28.609
As Passed by the Senate: 28.609