Consolidated Amendment "C" to H4860

Consolidated

Amendments: 91, 100, 157, 172, 173, 176, 184, 193, 195, 197, 198, 204, and 215

Mr. Michlewitz of Boston moves to amend the bill, as amended, by adding at the end thereof the following section:-

SECTION 94. (a) There shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission to investigate and study the impact to the administration of justice of the qualified immunity doctrine in the commonwealth. Said investigation and study shall include, without limitation, an analysis of the origins of qualified immunity and its present interpretation by the courts of the commonwealth, and the legal and policy rationale for, and the legal and policy impact of, the qualified immunity doctrine in the commonwealth.

(b) The special legislative commission shall consist of 15 members: 2 of whom shall be the chairs of the joint committee on the judiciary, who shall serve as co-chairs; 2 of whom shall be members of the house of representatives appointed by the speaker of the house; 1 of whom shall be a member of the house of representatives appointed by the minority leader; 2 of whom shall be members of the senate appointed by the  president of the senate; 1 of whom shall be a member of the senate appointed by the minority leader; 3 of whom shall be appointed by the governor, 1 of whom shall be a member of a police officers’ union, 1 of whom shall be a member of a firefighters’ union, 1 of whom shall be a retired justice of the appeals court; 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 executive director of the Massachusetts Municipal Association, Inc. or a designee; and 1 of whom shall the president of the Boston branch of the National Association for the Advancement of Colored People New England Area Conference or a designee.

(c) The special legislative commission shall submit a report of its study and recommendations, together with legislation, if any, to the clerks of the house of representatives and the senate on or before March 31, 2021.