Amendment ID: S2800-8.1

Further Amendment 8.1

Qualified Immunity

Messrs. Tran and Tarr move that the amendment be amended by inserting at the end of the underlying amendment the following:-

in SECTION 10 by striking subsection (c) of section 11I and moves to further amend by inserting after section _ the following new section:

"SECTION_.Notwithstanding any general or special law to contrary there shall be a special commission to study qualified immunity. The special commission shall consist of 13 members appointed by the governor, 1 of whom shall be nominated by the colonel of the state police, 1 of whom shall be nominated by the commissioner of the Massachusetts bay transportation authority police force, 1 of whom shall be nominated by the commissioner of police of the city of Boston, 1 of whom shall be a chief of police of a police department outside of the Boston metropolitan area nominated by the Massachusetts Chiefs of Police Association Incorporated, 1 of whom shall be a law enforcement officer nominated by the Massachusetts Association of Minority Law Enforcement Officers, Inc., 1 of whom shall be a law enforcement officer below the rank of sergeant, 1 of whom shall be nominated by the American Civil Liberties Union of Massachusetts, Inc., 1 of whom shall be nominated by the Boston branch of the National Association for the Advancement of Colored People New England Area Conference, 1 of whom shall be nominated by a Massachusetts branch, other than the Boston branch, of the National Association for the Advancement of Colored People New England Area Conference, 1 of whom shall be a professor at a Massachusetts law school, 2 of whom shall be a retired judge, 1 of whom shall be a member of the Massachusetts District Attorney's association.

Said commission shall report back within 90 days of the effective date of this act with recommended changes to ensure qualified immunity is appropriately structured so as to provide appropriate safeguards to those acting in good faith while preventing the availability of such a defense where it is not appropriate or justifiable. Said report and recommendations shall be filed with the clerks of house and senate.