Bobby Rush on Crime

First step: reduce recidivism & mass incarceration.

Congressional Summary:

• TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
• TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
• TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
• TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

Stricter sentencing for hate crimes.

Congressional Summary:

• To make sentencing guidelines for Federal criminal cases that provide sentencing enhancements for hate crimes.
• Amends the Federal judicial code to require the U.S. Sentencing Commission to:
• promulgate or amend existing guidelines to provide for sentencing enhancements of not less than three offense levels for offenses that the finder of fact at trial determines beyond a reasonable doubt are hate crimes; and
• assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances that might justify exceptions.

Proponents' Argument in Favor:Rep. SENSENBRENNER. This bill does not create a new Federal crime. Nothing that is presently not criminal now would be made criminal as a result of enactment. What enactment of H.R. 1152 will do is provide for enhanced criminal penalties for certain specifically designated hate crimes. As used in the bill, the term hate crime is defined as a Federal crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of the person. Hate crimes are more serious offenses and often result in a greater level of injury to the victim and to society.

Sponsored bill to abolish federal death penalty.

Legislative summary of H.R.4052: This bill prohibits the imposition of a death penalty sentence for a violation of federal law. A person sentenced to death before enactment of this bill must be resentenced.

Press release and letter on Connolly.House.gov: Capital punishment is unjust, racist and defective. The United States stands alone among its peers in executing its own citizens, a barbaric punishment that denies the dignity and humanity of all people and is disproportionately applied to people who are Black, Latinx, and poor. In their letter, the lawmakers called on President-Elect Biden to affirm his commitment to eliminating the death penalty--as laid out in his criminal justice reform plan--by ending it through executive action on Day 1 of his administration. The lawmakers also made clear that in the 117th Congress, they will continue to work to advance H.R. 4052, legislation to permanently abolish the death penalty.

ProPublica summary by Isaac Arnsdorf 12/23/20: Throughout the campaign, Trump highlighted executions as a contrast to Joe Biden's opposition to the death penalty, reinforcing Trump's "law and order" message. The Justice Department has killed 10 people since July, with three more executions scheduled before Biden's inauguration. "Death penalty all the way," Trump said at a February 2016 campaign event. "I've always supported the death penalty. I don't even understand people that don't."

Until this year, the Justice Department hadn't executed anyone since 2003. A drug that most states and the federal government used in lethal injections, a sedative called sodium pentothal, became unavailable because the sole American manufacturer stopped making it. Shortly after Trump's presidency began, his first attorney general, Jeff Sessions, [pushed] to resolve these issues so that the federal Bureau of Prisons could resume executions.

Rated 54% by the NAPO, indicating a moderate stance on police issues.

Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.

"Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation’s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO’s accomplishments:

• Enactment of the Fair Sentencing Act
• Enactment of the National AMBER Alert Act
• Enactment of the Violent Crime Control and Law Enforcement Act
• Enactment of the Adam Walsh Child Protection and Safety Act
• Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)

VoteMatch scoring for the NAPO ratings is as follows:

• 0%-50%: soft on crime and police issues;
• 50%-75%: mixed record on crime and police issues;
• 75%-100%: tough on crime and police issues.

Sponsored stricter rules for police accountability.

This bill addresses policing practices and law enforcement accountability:

• lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
• limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
• grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.