I’m writing with an urgent message as the House and Senate negotiate a final police reform bill: Please ask legislative leadership and the conferees to pass the strongest possible bill, by adopting:
1) Section 10 of the Senate bill, so victims of police abuse can seek redress in the courts; and
2) Section 25 of the House bill restricting government use of face surveillance.
I know this is a big bill. But these issues are top priorities for me.
The impetus for this legislation was police violence and murder of civilians. When officers break the law and hurt people, victims of those abuses -- or their survivors -- must be able to bring civil rights claims and hold police directly accountable. Section 10 of the Senate bill would do this in two separate and distinct ways.
REFORMING QUALIFIED IMMUNITY
Section 10 would reform “qualified immunity”, so that police are not automatically let off the hook for abusive behavior before a court even has a chance to evaluate whether they violated the law. Massachusetts should follow the lead of Colorado, which recently ended qualified immunity for law enforcement.
FIXING THE MASS. CIVIL RIGHTS ACT
Section 10 would also get rid of a fundamental flaw in the Mass. Civil Rights Act that requires a person to show that a public official deprived them of their rights while using “threats, intimidation or coercion.” This means when police use excessive force, but don’t also use “threats, intimidation or coercion,” police can claim they did not violate the law. This perverse situation makes our state civil rights law far weaker than federal law. That’s shameful for a state which prides itself on being a civil rights leader.
BANNING FACE SURVEILLANCE
I’m glad both the House and Senate bills restrict the use of this racially-biased, dangerous technology. While I appreciate that the Senate bill would prohibit its use without exceptions, that prohibition expires after just a year and a half, putting us right back where we started – with zero regulation. Section 25 of the House bill takes a balanced approach and would not arbitrarily sunset, meaning that these critical protections against expanded police surveillance would extend into the future.
Please urge leadership and the conference committee members to include these 3 reforms in the final legislation.