Nancy Mace on Crime

Clear record for first time drunk/disorderly offenders

Analysis by ACU: This bill is designed to expand employment opportunities by providing individuals convicted of drunk or disorderly conduct offenses a pathway to have the charges expunged from public record.

Veto Message : Criminal history, like all history, should not be erased. Compassion should not be forced upon unwitting prospective employers & other interested parties. I am unwilling to sign legislation that effectively sanctions an employee failing to acknowledge--or consciously omitting information about--a prior arrest for public disorderly conduct.

Legislative Outcome: Vetoed on May/28/19; Veto Overridden in House 107-0-15, Roll Call #712 on Jun/25/19; Rep. Mace voted YES to override; Overridden in Senate 38-2-0 on June/25/19.

Anti-police liability, according to PVS survey.

Project Vote Smart inferred whether candidates agree or disagree with the statement, `Crime: Do you support the protection of government officials, including law enforcement officers, from personal liability in civil lawsuits concerning alleged misconduct?` PVS self-description: "The Political Courage Test provides voters with positions on key issues. Historically, candidates have failed to complete our test due to the advice they receive from their advisors and out of fear of negative attack ads."

Keep existing 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.