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119-s-122119th Congress

Qualified Immunity Act of 2025

Sponsored By: Senator Banks, Jim [R-IN]

Introduced

Summary

Makes qualified immunity statutory for law enforcement officers. This bill would set a legal shield in civil cases under 42 U.S.C. 1983 by protecting officers and their agencies unless the constitutional right was clearly established or a court had already held the specific conduct constitutional.

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  • People suing for constitutional violations would face a higher legal bar to prevail. Courts could dismiss claims when the right at issue was not clearly established at the time.
  • Federal, state, tribal, and local law enforcement officers would gain a statutory defense from personal liability if they show the right was not clearly established or a court had found the conduct lawful.
  • Law enforcement agencies and local governments could avoid liability when an officer is found not liable and was acting within the scope of employment.
  • The protection would take effect 180 days after enactment.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New immunity rules for police and agencies

If enacted, this bill would add a statutory qualified immunity defense for law enforcement officers sued under federal civil‑rights law. An officer could avoid liability if the right was not clearly established at the time or if a final court decision already held the specific conduct lawful. It would also say a law enforcement agency or local government is not liable if the officer is found not liable and acted within the scope of employment. The bill would define who counts as a "law enforcement officer" and "law enforcement agency." These changes would take effect 180 days after enactment.

Sponsors & CoSponsors

Sponsor

Banks, Jim [R-IN]

IN • R

Cosponsors

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 1/16/2025

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 1/16/2025

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 1/16/2025

  • Sen. Sheehy, Tim [R-MT]

    MT • R

    Sponsored 1/16/2025

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 1/16/2025

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 1/16/2025

  • Rep. Mullin, Markwayne [R-OK-2]

    OK • R

    Sponsored 1/16/2025

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 1/16/2025

  • Sen. Cassidy, Bill [R-LA]

    LA • R

    Sponsored 1/17/2025

  • Sen. Moreno, Bernie [R-OH]

    OH • R

    Sponsored 3/24/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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