Michelle Fischbach on Crime

Keep Rikers Island open and do not ease bail requirements

Increase penalties for blocking highways, airports, transit

ACLU summary and recommendations for voting NO:
• Introduced in direct response to Black Lives Matter protests
• Would have a chilling effect on speech
• Creates punishments that are disproportionate to the offense
• Minnesota already has ample laws to address this issue

Legislative Outcome:Passed House 83-44-7 on May/8/18; Passed Senate 40-27-0 on May/14/18; State Sen. Michelle Fischbach voted YES; Vetoed by Gov. Dayton on May/19/18.

Strongly pro-mandatory minimum, according to AFA survey.

The AFA inferred whether candidates agree or disagree with the statement, 'Mandatory minimum sentencing should be required and enforced for violent crimes'? Self-description: (American Family Association helps produce iVoterGuides): "Grounded in God; rooted in research"; they "thoroughly investigate candidates"; when they cannot "evaluate with confidence, they receive an 'Insufficient' rating" (& we exclude)

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.