Deborah Ross on Crime

No incarceration for nonviolent misdemeanors

Burr: Unknown. Did vote for easing mandatory minimum sentencing.

Ross: Increase community policing & no incarceration for nonviolent misdemeanors.

Allow statistical race evidence in death penalty cases

Highlights:
• Specifies that the use of statistical evidence alone is insufficient to establish that race was a significant factor in seeking or imposing the death penalty
• Limits statistical evidence to statistics derived from the county or prosecutorial district where the defendant was sentenced, whereas existing law authorizes the use of statistical evidence from the judicial division and the state in addition to the county and prosecutorial district
• Limits the time from which evidence may be used to find that race was a significant factor in seeking or imposing the death penalty to 10 years before the offense was committed and 2 years after a sentence is imposed, whereas existing law does not provide a time limit

Sponsored stricter 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.