Andrew Kearse Accountability for Denial of Medical Care Act of 2025
Sponsored By: Representative Pressley, Ayanna [D-MA-7]
Introduced
Summary
a federal criminal offense for negligent denial of medical care to people in federal custody. This bill would add a new section to Chapter 13 of Title 18 that makes it a crime when a covered federal official negligently fails to obtain or provide immediate medical attention to someone in custody who displays medical distress, including breathing difficulties. It would also require agency inspectors general to investigate such incidents, set up a confidential complaint process, mandate training for covered officials, and allow State attorneys general to bring civil suits in federal court for equitable or declaratory relief.
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- People in federal custody and their families would gain a legal pathway when urgent care is denied. Negligent failures that cause unnecessary pain, injury, or death could lead to prosecution with penalties up to 1 year in prison, a fine, or both.
- Federal law enforcement and prison staff defined as "covered officials" would face criminal exposure and new training requirements. Agency inspectors general would be required to investigate failures and refer negligent cases to the Attorney General.
- State attorneys general would be able to sue in federal court for equitable or declaratory relief when they have reasonable cause to believe a resident was harmed by a violation.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Penalties for denying detainee medical care
This bill would make it a federal crime to negligently deny immediate medical help to someone in federal custody who shows medical distress. A conviction would mean a fine, up to 1 year in jail, or both. Covered officials would include federal law enforcement, Bureau of Prisons staff, and U.S. Marshals Service staff. Medical distress would include breathing problems. Inspectors General would need to investigate such incidents and, if negligence is found, refer cases to the Attorney General. Agencies would have to set up confidential complaint channels to the Inspector General. Agency heads would need to train staff on getting or giving medical help in these emergencies. A state attorney general could sue in federal court for orders or declarations when a resident was harmed by a violation. These rules would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Pressley, Ayanna [D-MA-7]
MA • D
Cosponsors
Carson
IN • D
Sponsored 5/23/2025
Johnson (GA)
GA • D
Sponsored 5/23/2025
Rep. Kelly, Robin L. [D-IL-2]
IL • D
Sponsored 5/23/2025
Rep. Lee, Summer L. [D-PA-12]
PA • D
Sponsored 5/23/2025
Del. Norton, Eleanor Holmes [D-DC-At Large]
DC • D
Sponsored 5/23/2025
Ocasio-Cortez
NY • D
Sponsored 5/23/2025
Rep. Ramirez, Delia C. [D-IL-3]
IL • D
Sponsored 5/23/2025
Schakowsky
IL • D
Sponsored 5/23/2025
Rep. Tlaib, Rashida [D-MI-12]
MI • D
Sponsored 5/23/2025
Rep. Omar, Ilhan [D-MN-5]
MN • D
Sponsored 6/4/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov