Jay Obernolte on Crime

Keep administrative fees in criminal justice system

Legislative Outcome:Passed Assembly 59-17-3 on 8/31; passed Senate 30-7-3 on 8/31; Sen. Obernolte voted NO; signed by Gov. Newsom 9/18/20

Improve criminal justice reporting; increase accountability

Assembly Bill 2524 will convert Crime in California and other annual reports published by the California Department of Justice into digital data sets that will be published on the Attorney General's OpenJustice Web portal. These reports provide statistical summaries including numbers of arrests, complaints against peace officers, hate crime offenses, and law enforcement officers killed or assaulted. The OpenJustice Web portal will transform the way this information is presented to the public with interactive, accessible visualization tools, while making raw data available for public interest researchers.

Legislative outcome: Aug/24/16 passed Senate 39-0-0; Aug/30/16 passed Assembly 80-0-0; Sep/21/16 signed by Governor Jerry Brown

Keep existing rules for police accountability.

This bill addresses policing practices and law enforcement accountability:

• lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
• limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
• grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.