Amendment #204 to H4860

Creation of a Qualified Immunity Commission

Mr. Roy of Franklin moves to amend the bill, as amended, by adding a the following new section:-

SECTION XXXX

(a) There shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission on qualified immunity. The commission shall investigate and study qualified immunity in a suit for damages under the Massachusetts Civil Rights Act and any applicable federal laws.

(b) The special legislative commission shall consist of 13 members: 2 of whom shall be members of the house of representatives to be appointed by the speaker of the house, 1 of whom shall be a member of the Massachusetts Black and Latino legislative caucus; 2 of whom shall be members of the senate to be appointed by the senate president, 1 of whom shall be a member of the Massachusetts Black and Latino legislative caucus; 2 of whom shall be appointed by the governor; 1 of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; 1 of whom shall be the president of the Massachusetts Bar Association or a designee, 1 of whom shall be the president of the Urban League of Eastern Massachusetts, Inc. or a designee; 1 of whom shall be the president of the State Police Association of Massachusetts or a designee; 1 of whom shall be the president of the New England Benevolent Police Association, Inc. or a designee; 1 of whom shall be the president of the Massachusetts Coalition of Police, Inc. or a designee, 1 of whom shall be the executive director of the Massachusetts Sheriffs Association, Inc.

(c) The special commission shall conduct study and review of the origins of qualified immunity and its present interpretation by the Massachusetts and federal courts. The special commission shall make recommendations to maintain, modify, or eliminate qualified immunity.

(d) The special commission shall submit its report and recommendations, together with drafts of legislation to carry its recommendations into effect, by filing the same with the clerks of the house of representatives and the senate not later than March 31, 2021.

Additional co-sponsor(s) added to Amendment #204 to H4860

Creation of a Qualified Immunity Commission