Yvette Herrell on Crime

Opposed restricting use of solitary confinement on minors

Analysis by N.M. Political Report: HB175 restricted certain types of solitary confinement in jails. The bill would have prohibited confining pregnant women, teenagers or inmates with severe behavioral health issues. One opponent says the veto means "taxpayers will continue to pay millions in settlements for over utilizing an outdated and inhumane jail management tool."

Veto Message: HB 175 oversimplifies isolated confinement in such a way so as to eliminate flexibility and endanger the lives of inmates and staff alike. It is possible that a serious youthful offender poses a threat to, or actually engages in a pattern of harmful behavior toward other inmates or staff--HB 175 would prevent the correctional facility from utilizing restricted housing for this inmate.

Legislative Outcome: Passed House 38-22-10 on Mar/11/17; State Rep. Yvette Herrell voted NO; Passed Senate 29-3-10 on Mar/17/17; Vetoed on Apr/6/17

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.