House Speaker Nancy Pelosi of Calif., joined by House Democrats spaced for social distancing, speaks during a news conference on the House East Front Steps on Capitol Hill in Washington, Thursday, June 25, 2020, ahead of the House vote on the George Floyd Justice in Policing Act of 2020. (AP Photo/Carolyn Kaster)Carolyn Kaster/AP
WASHINGTON — The U.S. House of Representatives passed a sweeping police reform package crafted by Democrats late Thursday night, after a Senate effort to advance policing legislation collapsed one day prior.
It's unclear whether Democrats and Republicans will try to resolve their disagreements and produce a bipartisan deal that can become law.
"Conferencing is always an opportunity, but you need the Senate to move," said U.S. Rep. Paul Tonko, D-Amsterdam. "I think basically all that will happen because of the sense of the public, which is overwhelmingly in favor of reforms.
As expected, the House vote was mostly party line with three Republicans joining Democrats to vote in favor of the George Floyd Justice in Policing Act. Those Republicans were Rep. Brian Fitzpatrick, R-Pa., Rep. Fred Upton, R-Mich., and Rep. Will Hurd, R-Texas, who is not seeking re-election. No Democrats voted against the package.
Backed by some civil rights groups, the Justice in Policing Act would require police to report "use of force" data, increase body camera usage, block departments from receiving some military equipment, and place negligent officers on a national registry. It bans chokeholds — which most departments already prohibit — and no-knock warrants. The bill would change the federal standard for prosecuting police misconduct from “willfulness” to “recklessness,” eliminating the need to prove intent.
A change opposed by Republicans, the bill would limit "qualified immunity," which gives police officers legal protection for actions performed on the job. The change could open cities and police departments to liability in lawsuits when police officers violate individuals’ constitutional rights. It would also make lynching a federal crime.
"Americans in communities of all colors are calling out and demanding action to address racial injustice in our country," said Rep. Antonio Delgado, D-Rhinebeck. "Today, the House took an important step in that direction by increasing transparency and accountability in policing."
Rep. Elise Stefanik, R-Schuylerville, who voted against the Democrats' legislation, urged Democrats to reconsider Republicans' bill, which Senate Democrats rejected Wednesday.
"Republicans reached out to House Democrats following the tragic murder of George Floyd to begin what we hoped would be bipartisan conversations on a police reform bill,” Stefanik said. “Unfortunately, Democrats completely shut us out of the process and drafted a partisan bill with zero input from their colleagues across the aisle."
Senate Democrats said they opposed the Republican bill because it lacked the enforcement mechanisms their bill contained, although many concepts were similar. Senate Democrats said they were not ensured that they could amend the Republican bill, so they voted to block debate on the measure.
Tonko said he thought Senate Democrats made the right call.
"I think there is a need for genuine, sincere, fundamental reform and if that is what it takes to drive the leadership of the Senate and the members of the Senate together to have the dialogue, to be really be frank about the reforms that are needed, then yes it is the right decision," Tonko said.