How legislators voted on police reform bill
Reps and senators also approved a state budget last week.
THE HOUSE AND SENATE: Beacon Hill Roll Call records local senators’ and local representatives’ votes on roll calls from the week of Nov. 30-Dec. 4.
$46.2 BILLION FISCAL 2021 STATE BUDGET (H 5164)
House 147-10, Senate 40- 0, approved and sent to Gov. Charlie Baker a compromise version of a $46.2 billion fiscal 2021 state budget for the fiscal year that began on July 1, 2020. The state has been operating on temporary budgets approved by the Legislature. The package includes using $1.7 billion from the state’s Rainy Day Fund which is $350 million more than Gov. Baker had recommended. That withdrawal leaves the fund with about $1.8 billion.
The budget is $700 million more than the one proposed by Baker who has 10 days to use his veto power to override items in the budget.
Other provisions include allowing abortions after 24 weeks in the case of lethal fetal anomalies and lowering the age from 18 to 16 at which a minor can choose to have an abortion without parental or judicial consent; extending for two years a current law allowing patients to redeem prescription drug discount coupons at pharmacies to reduce copays; requiring that ignition interlock devices be installed in the vehicles of first-time drunk driving offenders. Current law only requires the devices for second and subsequent offenses. The device is connected to the ignition of a vehicle and prevents the vehicle from starting if it detects alcohol when an individual blows into the device.
Supporters said the package was a reasonable and fiscally responsible one that funds necessary programs.
“Many said that this was a time to be more conservative in our budgeting, but if anything, it was a time for the commonwealth to be a true commonwealth and take care of its people,” said Senate President Karen Spilka, DAshland. “I am proud of the budget we passed today, which helps us build an equitable recovery by investing in key areas to assist our most vulnerable residents impacted by the COVID-19 pandemic. I am also thrilled that Massachusetts will be taking vital steps to protect reproductive rights and address systemic racism by reinvesting in our communities.”
Opponents voted against the budget for a variety of reasons including opposition to the abortion provision and the fact that they were given only a few hours to review a 396-page budget before voting on it.
(A “Yes” vote is for the budget. A “No” vote is against it.) Rep. James Arciero, Yes; Rep. Kimberly Ferguson, Yes; Rep. Colleen Garry, Yes; Rep. Thomas Golden, Yes; Rep. Kenneth Gordon, Yes; Rep. Sheila Harrington, Yes; Rep. Stephan Hay, Yes; Rep. Natalie Higgins, Yes; Rep. Marc Lombardo, No; Rep. Rady Mom, Yes; Rep. David Nangle, Yes; Rep. Harold Naughton, Yes; Rep. Tram Nguyen, Yes; Rep. David Robertson, Yes; Rep. Dan Sena, Yes; Rep. Jonathan Zlotnik, Yes; Sen. Michael Barrett, Yes; Sen. James Eldridge, Yes; Sen. Barry Finegold, Yes; Sen. Cindy Friedman, Yes; Sen. Anne Gobi, Yes; Sen. Edward Kennedy, Yes; Sen. Bruce Tarr, Yes; Sen. Dean Tran, Yes
POLICING CHANGES (S 2963)
House 91- 67, Senate 2812, approved and sent to Gov. Baker the conference committee version of a bill making major changes in the state’s policing system.
Provisions include creating an independent, civilian-led commission with the power to investigate police misconduct and to certify, restrict, revoke or suspend certification for police officers and maintain a publicly available database of decertified officers. The legislation also sets standards for qualified immunity under which qualified immunity would not extend to a law enforcement officer who violates a person’s right to bias-free professional policing if that conduct results in the officer’s decertification.
Other provisions include banning the use of chokeholds; limiting the use of deadly force; requiring police officers who witness another officer using force beyond what is necessary or reasonable to in
tervene; creating a moratorium on facial recognition technology; and limiting no-knock police warrants in instances where children or people over 65 are present.
“This is a landmark decision that was demanded by the people and led by Black and Latino Legislators of this state,” said Massachusetts Black and Latino Caucus Chair Rep. Carlos González (DSpringfield). “Our demands were agreed to by the speaker of the House and Senate president. Today we begin to address police accountability and transparency. We are making great strides to address racism in police departments and provide them the adequate training and support to address the daily and difficult challenges they have.”
In a letter to its 4,000plus members, the leaders of the Massachusetts Coalition of Police say that the legislation leaves police “disregarded, dismissed and disrespected.”
“The final compromise legislation is a final attack on police officers by lawmakers on Beacon Hill,” the letter reads. “It is 129 pages crowded with punitive measures, layers and layers of new bureaucracy and the abridgment of basic due process rights of police. It was delivered with almost zero notice and zero time for our leadership, our legal team and our members to process it before debate and votes were scheduled.”
“This compromise piece of legislation creates, for the first time, an independent agency for the statewide certification of law enforcement officers and establishes uniform training and standards,” said
Rep. Claire Cronin, D-Easton, House Chair of the Judiciary Committee. “This legislation is about justice and fairness. Fairness for those that interact with police, and fairness for police as well.”
“We’re stripping it just from law enforcement here, and rest assured, we’ll be coming after somebody else’s qualified immunity tomorrow,” said Rep. Tim Whelan, RBrewster, a former State Police officer. “It’s the same as in the House bill. Sixtysix of you voted against this bill in July because you disagreed with qualified immunity. It still exists in this bill.”
(A “Yes” vote is for the bill. A “No” vote is against it.) Rep. James Arciero, Yes; Rep. Kimberly Ferguson, No; Rep. Colleen Garry, No; Rep. Thomas Golden, No; Rep. Kenneth Gordon, Yes; Rep. Sheila Harrington, No; Rep. Stephan Hay, Yes; Rep. Natalie Higgins, Yes; Rep. Marc Lombardo, No; Rep. Rady Mom, No; Rep. David Nangle, No; Rep. Harold Naughton, Yes; Rep. Tram Nguyen, Yes; Rep. David Robertson, No; Rep. Dan Sena, Yes; Rep. Jonathan Zlotnik, No; Sen. Michael Barrett, Yes; Sen. James Eldridge, Yes; Sen. Barry Finegold, Yes; Sen. Cindy Friedman, Yes; Sen. Anne Gobi, No; Sen. Edward Kennedy, Yes; Sen. Bruce Tarr, No; Sen. Dean Tran, No
BEYOND 8 P.M.
Senate 29-10, approved a motion to suspend rules to allow the Senate to meet beyond 8 p.m. The Senate continued its session for another 10 minutes and gave final approval to the policing bill.
Supporters of rule suspension said the vote on giving the policing bill final approval will be coming up in a few minutes and the Senate should stay in session so it can give final approval to the bill and sent it to Gov. Baker.
Opponents of rule suspension said late night sessions are unnecessary and irresponsible and argued the Legislature should not act on important matters while taxpayers are sleeping.
(A “Yes” vote is for rule suspension to allow the session to go beyond 8 p.m. A “No” vote is against allowing it.)
Sen. Michael Barrett, Yes; Sen. James Eldridge, Yes; Sen. Barry Finegold, Yes; Sen. Cindy Friedman, Yes; Sen. Anne Gobi, No; Sen. Edward Kennedy, Yes; Sen. Bruce Tarr, No; Sen. Dean Tran, No
ALSO UP ON BEACON HILL
MORE BILLS SHIPPED OFF TO STUDY COMMITTEES – Several more bills were shipped off to a study committee where bills are never actually studied and are essentially defeated. It is another way to kill a bill instead of holding a vote on the bill itself. Here are some of the bills that will die in study:
DEATH PENALTY FOR COP KILLERS (H 3769) – Gives prosecutors the option to seek the death penalty for criminals who target and murder police officers solely because they wear the badge.
“We have seen these horrendous execution style murders happen throughout our nation and providing prosecutors this additional layer of punishment will hopefully serve as a deterrent—and more importantly send the message to our public safety officers that we have their back,” said the bill’s sponsor Rep. Shawn Dooley, RNorfolk.
“Given the anti-police sentiments expressed this year by many members of the Legislature, I was unfortunately not surprised by this bill being sent to study. As a matter of fact, I was surprised it stayed in play as long as it did. I will definitely refile this next session as I feel this is an important discussion to have and I hope it can be brought to the floor for actual debate as opposed to being swept aside by being attached to a bogus study order.”
ENCOURAGING SUICIDE (H 4186) – Criminalizes suicide coercion in Massachusetts by imposing up to a 5-year prison sentence on any person who knows of another person’s propensity for suicidal ideation and exercises substantial control over the other person through control of the other person’s physical location or circumstances; deceptively or fraudulently manipulates the other person’s fears, affections or sympathies; or has undue influence whereby the will of one person is substituted for the wishes of another.
The bill, called “Conrad’s Law,” is named after then18-year-old Conrad Roy III who, in 2014, killed himself after being pressured by then- 17-year-old Michelle Carter via a phone call following thousands of texts. Carter was convicted of manslaughter and served 12 months of a 15-month prison sentence.