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Topic: liability and qualified immunity

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2021 GA H.B. 35

Title - AN ACT to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for ethical policing,to provide for definitions,to provide for the creation, operation, and powers of certain citizen review boards,to provide for public disclosures,to provide for the creation of a uniform form by the Attorney General for use in recording complaints alleging police misconduct and disciplinary actions,to provide for procedures and requirements for the offering of employment to certain law enforcement officers,to provide that law enforcement officers shall have a duty to report violations of ethical policing,to provide for measures to protect against retaliation for filing complaints alleging police misconduct,to provide for the revocation of peace officer certification for certain acts,to require personal liability insurance for law enforcement officers,to provide for an annual report summarizing complaints filed and disciplinary actions imposed,to provide for accountability for law enforcement officers who are supervisors,to provide instruction on ethical policing: to provide for procedures for the reinstatement of suspended law enforcement officers,to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to remove certain immunities from the actions of certain law enforcement officers,to provide that a law enforcement officer alleged to have committed misconduct or a violation of law while acting within the scope of his or her official duties or employment shall be subject to lawsuit or liability,to provide for a short title,to provide for related matters,to repeal conflicting laws,and for other purposes.

Law Number - 2021 GA H.B. 35

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STATE(S):

STATUS:

Provides for ethical policing,relates to state tort claims, so as to remove certain immunities from the actions of certain law enforcement officers,provides that a law enforcement officer alleged to have committed misconduct or a violation of law while ac...

Provides for ethical policing,relates to state tort claims, so as to remove certain immunities from the actions of certain law enforcement officers,provides that a law enforcement officer alleged to have committed misconduct or a violation of law while acting within the scope of his or her official duties or employment shall be subject to lawsuit or liability,provides for a short title,provides for related matters,repeals conflicting laws.

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2020 MO S.B 16

Title - AN ACT To repeal sections 105.240, 542.271, 542.276, 542.291, 542.296, 544.190, 544.200, 563.031, 563.041, 563.046, 563.051, 563.074, 566.145, 575.180, 590.010, 590.030, 590.040, 590.080, 590.180, and 590.195, RSMo, and to enact in lieu thereof twenty-eight new sections relating to law enforcement agency accountability, with penalty provisions.

Law Number - 2020 MO S.B 16

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Warrants, Use of Force, Encounters, De-escalation, Training, Liability, Identify and Report Officers, Protest Policy, Body Cameras, Demilitarization, Transparency, Internal Oversight

2019 IL H.B. 5814

Title - POLICE TRAINING-LICENSING

Law Number - 2019 IL H.B. 5814

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STATE(S):

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Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses ...

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the provisions of the Illinois Police Training Act are applicable to the training, certification, licensing, decertification, and revocation of licenses of State Police officers. Amends the Illinois Police Training Act. Adds 6 public members and 6 retired police officers, appointed by the Governor, to the Illinois Law Enforcement Training Standards Board. Requires full-time and part-time police officers to be licensed rather than certified. Provides that the Illinois Law Enforcement Training Standards Board has the power to require local governmental units to furnish personnel rosters, employment status reports, and annual training plans to the Board. Provides that the revocation of a license or certification of a police officer is permanent. Provides that the Board shall, by rule, provide for the decertification or revocation of a license of a police officer who commits non-criminal misconduct that results in disciplinary action against the police officer. Provides that the types of misconduct that are grounds for decertification or revocation of a police officer’s license shall be determined by the Board by rule. Establishes hearing procedures on decertification. Provides that the provisions are operative no later than one year after the Act’s effective date. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that notwithstanding any other provision of law to the contrary, the Act does not apply to a peace officer as defined in the Criminal Code of 2012. Contains other provisions. Amends various other Acts to make conforming changes. Effective immediately.

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Title - Resolution 40

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STATE(S):

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"The Greenwood Village City Council resolves to in all cases defend any police officer in any suit or proceeding brought under SB 20-217 and pay or indemnify its police officers against all expenses, court costs, including expert fees, court fees, attorne...

“The Greenwood Village City Council resolves to in all cases defend any police officer in
any suit or proceeding brought under SB 20-217 and pay or indemnify its police officers
against all expenses, court costs, including expert fees, court fees, attorney fees,
judgments, fines and amounts paid in settlement or satisfaction of judgment actually
incurred by them in connection with such action, suit or proceeding. “

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2019-20 FD S.B. 4142

Title - Ending Qualified Immunity Act

Law Number - 2019-20 FD S.B. 4142

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STATE(S):

STATUS:

To amend the Revised Statutes to remove the defense of qualified immunity in the case of any action under section 1979, and for other purposes. Under the KKK Act (which was designed to combat violations of civil rights) of 1871, government actors never r...

To amend the Revised Statutes to remove the defense of qualified immunity in the case of any action under section 1979, and for other purposes.

Under the KKK Act (which was designed to combat violations of civil rights) of 1871, government actors never received qualified immunity for violating rights. After SCOTUS case Pierson v. Ray, 386 U.S. 547, however, government officials began to apply a good faith defense to government officials who made unconstitutional arrests. This has made it much more difficult for plaintiffs to recover damages when their rights have been violated by state officials. This bill would remove the good faith assumption/qualified immunity for government officials.

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2019 GA H.B. 1252

Title - To amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding coroners, so as to provide for a right of action against coroners or medical examiners for negligence in certain death investigations involving persons killed by a peace officer,to provide for definitions,to provide for a waiver of sovereign immunity,to provide for related matters,to repeal conflicting laws,and for other purposes.

Law Number - 2019 GA H.B. 1252

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STATE(S):

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coroner or medical examiner in police involved death can be subject to tort liability for negligence in such death investigation, including, but not limited to, in falsifying or mischaracterizing the cause of death.

2019 NY S.B. 8601 (NS)

Title - Relates to requiring municipalities, authorities and agencies to obtain liability insurance on each duly appointed police officer.

Law Number - 2019 NY S.B. 8601 (NS)

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STATE(S):

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Relates to requiring municipalities, authorities and agencies to obtain liability insurance on each duly appointed police officer in an amount not less than $200,000

2019 GA H.B. 1206

Title - Police Accountability Act,enact

Law Number - 2019 GA H.B. 1206

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STATE(S):

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Relating to state tort claims,to revise use of force standards,to provide for a short title,to provide for related matters,to repeal conflicting laws,and for other purposes.

2019 GA S.B. 516

Title - To amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to remove the preferential privileges given to peace officers in the procedure for indictment or special presentment to a grand jury,to provide for accountability and fairness in the grand jury process for peace officers alleged to have committed a crime in the performance of duties,to provide for related matters,to repeal conflicting laws,and for other purposes.

Law Number - 2019 GA S.B. 516

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STATE(S):

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removes the preferential privileges given to peace officers in the procedure for indictment or special presentment to a grand jury

2019 GA H.B. 1210

Title - To amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to repeal the procedure for indictment or special presentment of a peace officer for a crime committed in the performance of his or her duties and the right to testify before a grand jury,to provide for conforming changes,to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for conforming changes,to provide for related matters,to provide for an effective date,to repeal conflicting laws,and for other purposes.

Law Number - 2019 GA H.B. 1210

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STATE(S):

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repeal the procedure for indictment or special presentment of a peace officer for a crime committed in the performance of his or her duties and the right to testify before a grand juryr

2019 GA S.B. 513

Title - Georgia Justice Act

Law Number - 2019 GA S.B. 513

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A BILL to be entitled an Act to revise various titles of the O.C.G.A., regarding police and justice matters,to provide for a short title,to provide for related matters,to repeal conflicting laws,and for other purposes.

2019 MN S.F. 79

Title - S.F. 79

Law Number - 2019 MN S.F. 79

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STATE(S):

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Civil statute of limitations for certain actions by peace officers extension