House Bill 4860, “An Act relative to justice, equity and accountability in law enforcement in the Commonwealth”, is an over-reaching overreaction to a tragic incident that occurred 1,100 miles away in Minnesota. This bill will not improve public safety and only detracts from having useful, productive discussions about real improvements to law enforcement services and programs which will improve the quality of life for all citizens in the Commonwealth of Massachusetts.
The generally misunderstood concept of qualified immunity- as it applies to police officers in particular- has been sold as a means for police officers to escape legal accountability. This is a false narrative. Qualified immunity does shield both officers and their communities from frivolous or retaliatory lawsuits. It protects police officers when their actions were within department policies and legally just, and nothing more. The steadfast men and women who serve their communities 24/7/365 deserve nothing less.
As written, the bill establishes a new Massachusetts Police Standards and Training Commission that is woefully underrepresented by law enforcement practitioners. Of the seven commission members, only two seats are devoted to police officers. Both represent police unions, while police management was ignored. This is blatantly unfair to the men and women they will judge. The Board of Bar Overseers has twelve members- eight of whom are attor
neys. The Massachusetts Board of Registration in medicine has seven members- four of whom are physicians. This only makes sense. A fair and impartial board requires members who possess the proper training, education and experience in law enforcement to properly assess the actions of a police officer. A fair make-up of this commission is essential- and it promotes basic fairness.
Much has been made of the use of chokeholds, a technique that has never been trained in Massachusetts. The bill offers no exception to the
prohibition, even if a police officer is fighting for their life and no other option is available. If the officer is in a situation where the use of deadly force is permissible, the chokehold must remain a viable option for an officer to have. Refusing to permit this exception would be tantamount to our Legislature signing an officer’s death warrant were they in a position where a “chokehold” was the only option to save that officer’s life.
Attempts to alter the use of force doctrine that has been in place here since 1989 calls for lofty, unrealistic steps in dealing with resistant, assaultive or mentally unstable persons. This can only result in more volatile situations that will expose police officers to a greater opportunity for injury or death. Use of force is never pretty. It needs to be applied quickly, quietly and professionally for the safety of all concerned. The federal standards created by the United States Supreme Court already provides officers with an appropriate analysis for determining the level of force required.
This legislation is a blatant attempt by anti-law enforcement activists to dismantle, impede and degrade police services in the furtherance of their own agenda. This bill will NOT improve public safety in our communities and will likely lead to an uptick in crime in Massachusetts.
“Police Equal Safety”
