Home Crime BREAKING: VA Senate Judiciary Committee “Passes By” Del. Jeff Bourne’s Qualified Immunity...

BREAKING: VA Senate Judiciary Committee “Passes By” Del. Jeff Bourne’s Qualified Immunity Reform Bill 12-3

It sounds like this subject will be dealt with in the 2021 regular General Assembly session...

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See below for some video, as well as VAPLAN’s tweets, of the just-concluded Virginia Senate Judiciary Committee hearing and vote on Del. Jeff Bourne’s qualified immunity reform. I’ll add more video as it uploads, but the bottom line is that the committee passed the bill by indefinitely, with a strong indication that the subject will be taken up again in the 2021 regular General Assembly session, and most likely something passed at that point…

    • @MarkObenshain says the amendment proposed by @MorrisseyForSen limiting cause of civil action to only apply to abuse or use of excessive force still wouldn’t set forth a standard to measure conduct. Morrissey agrees, suggests alternative language specifying intent.
    • @MorrisseyForSen suggests an amendment to @JeffMBourne’s qualified immunity bill to narrow the conduct for which someone can sue to police who “engage in an act of police brutality or an act of excessive force,” removing split-second decision-making mistakes.
    • .@ssurovell says that as qualified immunity bill is written, it seems to create a new civil cause of action that can be used every time someone thinks they’ve been denied their second amendment rights by law enforcement upholding any one of our new gun laws.
    • @ChapPetersen  asks where in @JeffMBourne’s qualified immunity bill (which he agrees with in principle and considered drafting himself) is the standard defined (ie reasonableness) by which to judge police conduct?

  • Senate arguing about whether an officer making a split second mistaken decision is included in @JeffMBourne’s qualified immunity bill. @MorrisseyForSen explains that it is included, and asks counsel why it can’t be written more narrowly to focus on  abuse/brutality instead.

  • Senate Judiciary chair @SenEdwardsVA seems to have a good grasp of @JeffMBourne‘s qualified immunity bill, asks very specific questions to draw out some clarifications about what is and is not covered.