HR 5649
Judicial Accountability for Public Safety Act of 2025
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Bill overview
This bill aims to allow individuals who have been harmed by a judge’s actions to sue them for civil damages. Specifically, it targets judges who demonstrate ‘intentional disregard for public safety’ or ‘gross negligence’ when making decisions about bail or sentencing. The bill establishes a clear path for victims to seek redress and clarifies that the action must go beyond ordinary judicial discretion. It also removes certain legal immunities that might otherwise protect judges in these cases.
Key provisions
- Allows individuals injured by judicial actions to file civil lawsuits.
- Defines ‘intentional disregard for public safety’ as ignoring clear risks to community safety.
- Covers bond determinations and sentencing decisions made by federal and state judges.
- Provides for potential punitive damages in successful lawsuits.
- States that the act does not apply to good faith decisions or routine judicial discretion.
- Removes judicial immunity in civil actions under the Act.
Who is affected
- Individuals harmed by judicial decisions regarding bail or sentencing.
- United States district judges, magistrate judges, bankruptcy judges, and other federal judicial officers.
- State and local judges and magistrates acting in criminal proceedings.
Notable changes
- Establishes a mechanism for civil liability against judges for specific actions.
- Expands the scope of judicial accountability beyond existing legal protections.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Nicholas J. [R-AK-At Large] Begich
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119th CONGRESS — 1st Session
H. R. 5649
IN THE HOUSE OF REPRESENTATIVES
A BILL
To provide for civil liability in the case of any judicial officer who acts with intentional disregard for public safety or gross negligence in a bond determination or sentencing decision.
This Act may be cited as the Judicial Accountability for Public Safety Act of 2025
.
This Act may not be construed to apply to a judicial act taken in good faith or within the scope of ordinary judicial discretion.
Any immunity otherwise applicable to such a judicial officer under Federal or State law may not be asserted in a civil action under this section.
For purposes of this Act:
The term judicial officer
means—
any United States district judge, magistrate judge, bankruptcy judge, or other Federal judicial officer; and
any State or local judge or magistrate,
acting in a criminal proceeding.
The term intentional disregard for public safety
means an intentional act or omission that ignores or overrides evidence, statutory mandates, or clear risks to community safety in the exercise of bond or sentencing discretion.
The term bond determination
includes any judicial order regarding bail, pretrial release, or conditions of release.
sentencing decisionincludes any judicial order, issued upon conviction, that imposes—
a term of imprisonment, probation, parole, supervised release, or involuntary commitment;
any conditions on release;
forfeiture; or
any other criminal sanction.