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Qualified Immunity Act of 2025

USA119th CongressS-122| Senate 
| Updated: 1/16/2025
Jim Banks

Jim Banks

Republican Senator

Indiana

Cosponsors (10)
Rick Scott (Republican)Bill Cassidy (Republican)Markwayne Mullin (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Marsha Blackburn (Republican)Tim Sheehy (Republican)Bernie Moreno (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill seeks to codify the defense of qualified immunity for law enforcement officers by amending Section 1979 of the Revised Statutes, also known as 42 U.S.C. 1983. It introduces new definitions for "law enforcement agency" and "law enforcement officer," encompassing Federal, State, Tribal, and local officials with arrest or apprehension powers. Under the proposed amendment, a law enforcement officer cannot be found liable in their individual capacity if they establish that the right, privilege, or immunity allegedly violated was not clearly established at the time of the deprivation. Protection also applies if a court had previously issued a final decision affirming that the specific conduct alleged was consistent with the Constitution and Federal laws. These conditions aim to shield officers from liability when the legal landscape is ambiguous or has been previously affirmed. Additionally, the bill extends this non-liability to law enforcement agencies or units of local government that employed an officer, provided the officer is found not liable under these new conditions and was acting within the scope of their employment. The amendments made by this bill are scheduled to take effect 180 days after its enactment.
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Timeline
Jan 16, 2025

Latest Companion Bill Action

HR 119-503
Introduced in House
Jan 16, 2025
Introduced in Senate
Jan 16, 2025
Read twice and referred to the Committee on the Judiciary.
  • January 16, 2025

    Latest Companion Bill Action

    HR 119-503
    Introduced in House


  • January 16, 2025
    Introduced in Senate


  • January 16, 2025
    Read twice and referred to the Committee on the Judiciary.

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 119-503: Qualified Immunity Act of 2025
Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers

Qualified Immunity Act of 2025

USA119th CongressS-122| Senate 
| Updated: 1/16/2025
This bill seeks to codify the defense of qualified immunity for law enforcement officers by amending Section 1979 of the Revised Statutes, also known as 42 U.S.C. 1983. It introduces new definitions for "law enforcement agency" and "law enforcement officer," encompassing Federal, State, Tribal, and local officials with arrest or apprehension powers. Under the proposed amendment, a law enforcement officer cannot be found liable in their individual capacity if they establish that the right, privilege, or immunity allegedly violated was not clearly established at the time of the deprivation. Protection also applies if a court had previously issued a final decision affirming that the specific conduct alleged was consistent with the Constitution and Federal laws. These conditions aim to shield officers from liability when the legal landscape is ambiguous or has been previously affirmed. Additionally, the bill extends this non-liability to law enforcement agencies or units of local government that employed an officer, provided the officer is found not liable under these new conditions and was acting within the scope of their employment. The amendments made by this bill are scheduled to take effect 180 days after its enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 16, 2025

Latest Companion Bill Action

HR 119-503
Introduced in House
Jan 16, 2025
Introduced in Senate
Jan 16, 2025
Read twice and referred to the Committee on the Judiciary.
  • January 16, 2025

    Latest Companion Bill Action

    HR 119-503
    Introduced in House


  • January 16, 2025
    Introduced in Senate


  • January 16, 2025
    Read twice and referred to the Committee on the Judiciary.
Jim Banks

Jim Banks

Republican Senator

Indiana

Cosponsors (10)
Rick Scott (Republican)Bill Cassidy (Republican)Markwayne Mullin (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Marsha Blackburn (Republican)Tim Sheehy (Republican)Bernie Moreno (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Judiciary Committee

Civil Rights and Liberties, Minority Issues

Related Bills

  • HR 119-503: Qualified Immunity Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityConstitution and constitutional amendmentsDue process and equal protectionGovernment liabilityLaw enforcement officers