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119-hr-7290119th Congress

Qualified Immunity Accountability Act

Sponsored By: Representative Johnson, Julie [D-TX-32]

Introduced

Summary

Limits qualified immunity for law enforcement and tightens criminal standards for rights violations. This bill would lower the criminal intent threshold for federal deprivation-of-rights charges and remove common immunity defenses in civil suits.

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  • People alleging misconduct: Plaintiffs in civil suits under 42 U.S.C. §1983 would no longer be blocked by a defendant's claim that they acted in good faith or that the right was not "clearly established." This makes it easier to seek damages for constitutional harms.
  • Law enforcement officers: Local officers and federal investigative or law enforcement officers would lose two specific defenses in civil actions. Local officers are defined by reference to the George Floyd Justice in Policing Act of 2025 and federal officers by 28 U.S.C. §2680(h).
  • Criminal prosecutions: The bill changes 18 U.S.C. §242 by replacing the mens rea "willfully" with "knowingly or recklessly." It also removes the clause referencing the death penalty and says an act counts as causing death if it was a substantial factor.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Easier federal charges for rights violations

If enacted, this bill would change the federal crime for depriving someone of rights under color of law. It would replace the mental-state word "willfully" with "knowingly or recklessly." It would define that an act "resulted in death" if it was a substantial factor in the person's death. It would also remove a phrase referencing the death sentence. These changes would apply to prosecutions under the federal deprivation-of-rights statute and take effect on enactment.

Limits police qualified immunity defenses

If enacted, the bill would bar certain defenses in civil-rights lawsuits against covered officers. Local officers and some federal investigative officers could not use "good faith" or "I thought it was lawful" as a defense. They also could not use the defense that the right was not "clearly established" at the time. The change would apply to suits under the federal civil-rights statute and take effect on enactment.

Sponsors & CoSponsors

Sponsor

Johnson, Julie [D-TX-32]

TX • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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