Greg Murphy Voted Against Police Reforms Including Banning Chokeholds, Ending Qualified Immunity, And Developing Training On De-Escalation

2020-2021: Murphy Voted Twice Against The George Floyd Justice In Policing Act, Which Would Overhaul Policing Laws, Including Banning Chokeholds And Ending Qualified Immunity For Law Enforcement

2021: Murphy Voted Against The George Floyd Justice In Policing Act, Overhauling Policing Laws. In March 2021, Murphy voted against: “Passage of the bill that would establish reporting and oversight requirements related to policing data and restrict the use of certain policing practices by federal law enforcement agencies and state and local agencies receiving certain federal policing grants. It would restrict a number of policing practices by federal law enforcement agencies and state and local agencies that receive federal funding, including to prohibit the use of ‘no-knock warrants’ to execute searches in drug cases; the use of deadly force, including chokeholds, except as a ‘last resort’ to prevent imminent injury to an officer or another person; and the use of deadly or ‘less lethal’ force before exhausting reasonable alternatives, including deescalation tactics. It would prohibit racial profiling by law enforcement, authorize lawsuits regarding violations of the prohibition, and require agencies to implement racial profiling training and oversight procedures. It would eliminate ‘qualified immunity’ protections for law enforcement officers by prohibiting legal defenses based on an officer acting ‘in good faith’ or the purported absence of ‘clearly established’ law. It would require federal law enforcement officers to use body cameras and dashboard cameras and require state and local agencies to use certain grant funding to purchase body cameras and develop protocols for their use. It would make it a crime for an officer to engage in a sexual act with an individual under custody. It would require the Justice Department to establish a national police misconduct registry, and it would establish a number of reporting requirements for law enforcement agencies, including on use of force, racial profiling, officer misconduct records and routine policing practices -- with data disaggregated by demographics of officers and civilians involved. Among other provisions, it would require the Justice Department to analyze and recommend updates to law enforcement agency accreditation standards. It would authorize $750 million annually through fiscal 2024 for grants to support independent investigations into police use of deadly force, including to create civilian review boards. It would authorize subpoenas by the Justice Department or state attorneys general for evidence related to potential violations of constitutional rights by law enforcement and authorize grants to states to support such investigations. It would authorize grant funding for activities related to community-based policing practices and non-police public safety initiatives. It would limit the transfer of military equipment from the Defense Department to state and local law enforcement agencies.” The motion was agreed to by a vote of 220-212. [H.R. 1280, Vote #60, 3/3/21; CQ, 3/3/21]

• The Bill Banned Chokeholds, Ended Qualified Immunity For Law Enforcement, Banned No-Knock Warrants In Federal Drug Cases, Mandated Data Collection On Police Encounters, And Created A Nationwide Police Misconduct Registry. “The [George Floyd Justice in Policing Act] would ban chokeholds and end qualified immunity for law enforcement — the legal protection for police officers that limits victims' ability to sue for misconduct. It would ban no-knock warrants in federal drug cases, mandate data collection on police encounters and create a nationwide police misconduct registry to help hold problematic officers

accountable. The bill would also prohibit racial and religious profiling and redirect funding to community-based policing programs.” [NPR, 4/21/21]

2020: Murphy Voted Against The George Floyd Justice In Policing Act, To Establish Reporting And Requirements Related To Police Data And Restrict Multiple Police Practices By Federal Law Enforcement And State And Local Agencies That Receive Federal Funding. In June 2020, Murphy voted against: “Passage of the bill, as amended, that would establish reporting and oversight requirements related to policing data and restrict the use of certain policing practices by federal law enforcement agencies and state and local agencies receiving certain federal policing grants. It would restrict a number of policing practices by federal law enforcement agencies and state and local agencies that receive federal funding, including to prohibit the use of ‘no-knock warrants’ to execute searches in drug cases; the use of deadly force, including chokeholds, except as a ‘last resort’ to prevent imminent injury to an officer or another person; and the use of deadly or ‘less lethal’ force before exhausting reasonable alternatives, including deescalation tactics. It would prohibit racial profiling by law enforcement, authorize lawsuits regarding violations of the prohibition, and require agencies to implement racial profiling training and oversight procedures. It would require the Justice Department to establish a national police misconduct registry, and it would establish a number of reporting requirements for law enforcement agencies, including on use of force, racial profiling, officer misconduct records and routine policing practices -- with data disaggregated by demographics of officers and civilians involved. It would eliminate ‘qualified immunity’ protections for law enforcement officers by prohibiting legal defenses based on an officer acting ‘in good faith’ or the purported absence of ‘clearly established’ law. It would require federal law enforcement officers to use body cameras and dashboard cameras and require state and local agencies to use certain grant funding to purchase body cameras and develop protocols for their use. As amended, it would make it a crime for an officer to engage in a sexual act with an individual under custody. Among other provisions, it would require the Justice Department to analyze and recommend updates to law enforcement agency accreditation standards. It would authorize $750 million annually through fiscal 2023 for grants to support independent investigations into police use of deadly force, including to create civilian review boards. It would authorize subpoenas by the Justice Department or state attorneys general for evidence related to potential violations of constitutional rights by law enforcement and authorize grants to states to support such investigations. It would authorize grant funding for activities related to community-based policing practices and non-police public safety initiatives. It would limit the transfer of military equipment from the Defense Department to state and local law enforcement agencies.” The bill passed by a vote of 208-181. [H.R. 7120, Vote #119, 6/25/20; CQ, 6/25/20]

2022: Murphy Voted Twice Against Developing Law Enforcement Training On De-Escalation, Mental Health, And Disabilities

December 2022: Murphy Voted Against Requiring The Justice Department To Develop Or Identify Training For Law Enforcement Officers And Crisis Intervention Team Responders On De-Escalation, Mental Health, And Disabilities. In November 2022, Murphy voted against: “Passage of the bill that would require the Justice Department, within 180 days of enactment, to develop or identify preexisting effective training curricula for law enforcement officers and crisis intervention team responders regarding de-escalation, responding to mental health crises or individuals with disabilities, participating on crisis intervention teams, and making referrals to community-based mental health and other services. It would require the curricula to include scenario-based exercises and pre- and post-training knowledge assessments, including to evaluate participants’ application of knowledge and skills gained. Among other provisions, the bill would require the department to develop a process to certify training programs that use such curricula and publish a list of law enforcement agencies that employ officers or use mental health professionals who have completed de-escalation training. It would authorize a total of $34 million through fiscal 2026 for program implementation. The bill would also authorize $40 million for fiscal 2025 and $50 million for fiscal 2026 for DOJ grants to states to pay for certified de-escalation training by state or local governments, and it would require grant recipients to ensure that all officers employed for at least two years have received the training.” The bill passed by a vote of 264-162. [S. 4003, Vote #525, 12/14/22; CQ, 12/14/22]

November 2022: Murphy Voted Against The Development Of Effective De-Escalation And Mental Health And Disabilities Training For Justice Department Law Enforcement Officers And Crisis Intervention Team Responders. In November 2022, Murphy voted against: “Nadler, D-N.Y., motion to suspend the rules and pass the bill that would require the Justice Department, within 180 days of enactment, to develop or identify preexisting effective training curricula for law enforcement officers and crisis intervention team responders regarding de-escalation, responding to mental health crises or individuals with disabilities, participating on crisis intervention teams, and making referrals to community-based mental health and other services. It would require the curricula to include scenario-based exercises and pre- and post-training knowledge assessments, including to evaluate participants’ application of knowledge and skills gained. Among other provisions, the bill would require the department to develop a process to certify training programs that use such curricula and publish a list of law enforcement agencies that employ officers or use mental health professionals who have completed de-escalation training. It would authorize a total of $34 million through fiscal 2026 for program implementation. The bill would also authorize $40 million for fiscal 2025 and $50 million for fiscal 2026 for DOJ grants to states to pay for certified de-escalation training by state or local governments, and it would require grant recipients to ensure that all officers employed for at least two years have received the training.” The motion was agreed to by a vote of 247-160. [S. 4003, Vote #486, 11/29/22; CQ, 11/29/22]