State Creates Duty to Intervene Creates Duty to Report Creates Duty to Render Medical Aid Sanctions for Failure Circumstances Requring Duty to Intervene
CO SB 217 (2020) ✓ ✓ ✓Criminal liability and mandatory decertificationExcessive or illegal force
CT HB 6004 (2020) ✓ ✓Criminal liability and discretionary decertificationExcessive or illegal force
IL HB 3653 (2021) ✓ ✓ ✓Discretionary decertificationExcessive or illegal force
KY SB 80 (2021) ✓Discretionary decertificationProhibited or unreasonable force
MA SB 2963 (2020) ✓ ✓Mandatory decertificationProhibited or unreasonable force
MD SB 71 (2021) ✓ ✓ ✓None mandated in this new law*Unauthorized force
MN HF 1 (2020) ✓ ✓None mandated in this new law*Unreasonable or illegal force
NH HB 1645 (2020) ✓None mandated in this new law*Misconduct (including chokehold and excessive use of force)
NV AB 3 (2020) ✓ ✓ ✓None mandated in this new law*Unjustified force
NY SB 6601 (2020) ✓Civil liability
OR HB 4205 (2020) ✓ ✓Disciplinary action or discretionary decertificationMisconduct (including unjustified or excessive force)
VA SB 5030 (2020) ✓ ✓ ✓Disciplinary action or discretionary decertificationExcessive force
VT SB 119 (2020) ✓ ✓None mandated in this new law*Excessive force or prohibited restraint
WA SB 5066 & SB 5051 (2021) ✓ ✓ ✓Mandatory decertificationExcessive force or prohibited restraint
DC B 907 (2020) ✓ ✓ ✓Fine, incarceration, or bothExcessive force or prohibited restraint
*Although not every new statute creating a duty to intervene or render medical aid carries a new or enhanced penalty, the ongoing employment or certification of police officers is usually linked to whether they meet their statutory responsibilities and qualifications as well as any departmental requirements. In many cases, statutory disciplinary schemes are established in the statutes empowering police, such as in Nevada, where a violation of the new statutory duty to intervene and report would be classified as misconduct under NRS 289.057.
Source: National Conference of State Legislatures