HB 1166: Police Responsibility Act (Passed)
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  HB 1166: Police Responsibility Act (Passed)
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Author Topic: HB 1166: Police Responsibility Act (Passed)  (Read 2281 times)
Associate Justice PiT
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« on: October 28, 2017, 11:59:44 PM »
« edited: December 07, 2017, 03:02:55 PM by Vice President PiT »

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People's Regional Senate
Passed 4-1 in the Atlasian Senate assembled
Be it resolved, X President pro tempore[/quote]

Sponsor: Haslam2020

     I hereby open the floor for debate.
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Former Senator Haslam2020
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« Reply #1 on: October 29, 2017, 06:53:36 PM »

I'll sponsor it. This is a needed bill.
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Associate Justice PiT
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« Reply #2 on: October 29, 2017, 11:49:21 PM »

     Representatives have 24 hours to object to Representative Haslam assuming sponsorship of this bill.
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Associate Justice PiT
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« Reply #3 on: October 31, 2017, 04:21:38 PM »

     With no objections, Representative Haslam is now the sponsor of this bill. I invite him to make a post arguing for this bill.
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Former Senator Haslam2020
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« Reply #4 on: October 31, 2017, 05:08:46 PM »

This bill is honestly so needed, and I wish we could have had this before it would have prevented so much controversy. This isn't even a controversial bill, we need it.
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JGibson
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« Reply #5 on: October 31, 2017, 05:49:58 PM »

I second the statement that the current Minority Leader and my colleague Haslam just made on this pertinent and urgent topic.


It is past time for solutions to reform our police in the wake of a mass police brutality epidemic sweeping our nation! I will vote AYE on this, and I believe it's time that #BlackLivesMatter!
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Southern Senator North Carolina Yankee
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« Reply #6 on: November 01, 2017, 12:17:20 AM »

I cannot support section 4.

I understand and support many of the motives here, but frivolous allegations, even though proved later to be false, does not put food into the child's mouth of said falsely accused officer in the mean time.

I am fine with accountability and I authored body camera legislation pre-reset, but I cannot support leaving the family of someone who puts his life on the line to protect us, destitute, while innocence is being proven.
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VPH
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« Reply #7 on: November 02, 2017, 02:52:36 PM »

I'm offering this amendment to address some of the concerns (mine included) about section 4 by making it more specific.

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Associate Justice PiT
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« Reply #8 on: November 03, 2017, 12:53:14 AM »

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Sponsor Feedback: Pending
Status: Awaiting sponsor feedback
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Former Senator Haslam2020
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« Reply #9 on: November 05, 2017, 06:24:34 PM »

That's perfectly fine and agreeable to!
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Associate Justice PiT
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« Reply #10 on: November 05, 2017, 11:56:18 PM »

     Representatives have 24 hours to object to the amendment.
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Associate Justice PiT
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« Reply #11 on: November 09, 2017, 02:39:11 AM »

     With no objections, the amendment is adopted.
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Associate Justice PiT
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« Reply #12 on: November 10, 2017, 09:22:40 PM »

     If there are no more comments, I will open a final vote in 24 hours.
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Mr. Reactionary
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« Reply #13 on: November 10, 2017, 09:31:50 PM »

Does this preclude localities from offering liability insurance to police?

Also, is this eliminating qualified immunity? I am assuming that within the context of lawsuits this is an amendment to Sec 1983 of the Civil Rights Act? From a separation of powers standpoint, purely state causes of action probably can't be controlled in this way, but Sec. 1983 actions can, since those are under the umbrella of the 14th amendment.
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Associate Justice PiT
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« Reply #14 on: November 12, 2017, 12:13:38 AM »

Does this preclude localities from offering liability insurance to police?

Also, is this eliminating qualified immunity? I am assuming that within the context of lawsuits this is an amendment to Sec 1983 of the Civil Rights Act? From a separation of powers standpoint, purely state causes of action probably can't be controlled in this way, but Sec. 1983 actions can, since those are under the umbrella of the 14th amendment.

     Does the sponsor have a reply to these questions?
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Just Passion Through
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« Reply #15 on: November 12, 2017, 12:34:08 AM »
« Edited: November 12, 2017, 12:41:17 AM by Senator Scott🍂 »

Does this preclude localities from offering liability insurance to police?

I believe that under the current text, yes it would.  I would accept a change to this bill that allows police to buy liability insurance if they so choose.

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Could you elaborate?
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Mr. Reactionary
blackraisin
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« Reply #16 on: November 12, 2017, 01:40:25 AM »
« Edited: November 12, 2017, 02:08:49 AM by Mr. Reactionary »

(Applying IRL Con Law principles)

Article 3 of the constitution contains an exhaustive list of subject matter jurisdiction which a federal court is allowed to hear. General tort claims are reserved to the States. Tort claims alleging that a State or local government employee violated your constitutional rights are allowed in Federal Court. Thats because the 14th amendment gives congress the power to enforce its provisions, so they passed section 1983 which gives jurisdiction to federal courts over such claims.

Qualified immunity largely consists of non-section 1983 offenses. Legally, the extent of this law would be limited to tort claims alleging a constitutional rights violation, which would not cover all civil claims related to police brutality.
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Associate Justice PiT
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« Reply #17 on: November 14, 2017, 12:43:11 AM »

Does this preclude localities from offering liability insurance to police?

I believe that under the current text, yes it would.  I would accept a change to this bill that allows police to buy liability insurance if they so choose.

     We should have someone writing this amendment. Would Representative Mr. Reactionary be interested?
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Mr. Reactionary
blackraisin
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« Reply #18 on: November 14, 2017, 06:47:29 AM »

Does this preclude localities from offering liability insurance to police?

I believe that under the current text, yes it would.  I would accept a change to this bill that allows police to buy liability insurance if they so choose.

     We should have someone writing this amendment. Would Representative Mr. Reactionary be interested?

I can do it after work
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Mr. Reactionary
blackraisin
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« Reply #19 on: November 14, 2017, 07:36:11 PM »
« Edited: November 14, 2017, 07:37:50 PM by Mr. Reactionary »

Without endorsing or condemning this proposal, these would be my proposed changes to make this legal while maintaining as much of the original language and ideas as possible. Additions in bold; notes in Red

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Associate Justice PiT
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« Reply #20 on: November 15, 2017, 02:43:03 AM »
« Edited: November 16, 2017, 03:50:09 AM by Vice President PiT »

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Sponsor Feedback: Pending
Status: Awaiting sponsor feedback


     This amendment still needs a sponsor.
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Southern Senator North Carolina Yankee
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« Reply #21 on: November 16, 2017, 03:38:40 AM »

Point of order: While nothing gets me more excited than the prospect of Mr. Reactionary serving either of the two chambers of Congress, he is not presently a duly chosen and sworn member of the House and therefore cannot sponsor amendments.

He can compose amendments, but a member would have to offer them and serve as amendment sponsor.
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Southern Senator North Carolina Yankee
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« Reply #22 on: November 18, 2017, 08:13:24 PM »

I guess I will volunteer since no one else will. Tongue


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Associate Justice PiT
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« Reply #23 on: November 19, 2017, 08:07:06 PM »

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Sponsor Feedback: Pending
Status: Awaiting sponsor feedback
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Former Senator Haslam2020
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« Reply #24 on: November 20, 2017, 10:01:15 PM »

My bad, stuff happened guys. But this is such a good bill
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