Bill · S. 122· Senate(119-S-122)
Qualified Immunity Act of 2025
- Introduced
- 1/16/2025
- Last activity
- 1/16/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Jim Banks
- Cosponsors
- - 10 - 0
- Introduced
- In Committee
What this bill would do
The Qualified Immunity Act of 2025 seeks to amend the Revised Statutes to codify the defense of qualified immunity for actions under section 1979. This bill establishes specific definitions for law enforcement agencies and officers at the Federal, State, Tribal, or local levels. It provides that individual law enforcement officers cannot be found liable if the constitutional right was not clearly established or if a court has ruled the conduct was consistent with the law. Additionally, the bill protects law enforcement agencies and local government units from liability if the employed officer is found not liable and was acting within their employment scope. The changes are set to take effect 180 days after the Act is enacted.
Yes
Would white Americans be better off under this?+2
The bill provides increased legal protection and predictability for law enforcement officers often represented in these demographics.
The opposite· 3 of 8
Does this change how police departments operate?-4
The bill makes policing reform more difficult by establishing legal shields that protect officers and agencies from liability for constitutional rights violations.
Would Black Americans be better off under this?-3
The protection of officers from liability may limit the ability to seek justice for civil rights violations that impact Black Americans.
Would Hispanic Americans be better off under this?-3
Codified immunity may limit legal accountability for civil rights violations that impact Hispanic communities.
Who it would affect, and how
Potential Positive Impacts for People
-
Shielding officers from liability: The bill aims to protect law enforcement officers from "harassment, distraction, and liability" when they are performing their duties reasonably (Section 2).
-
Protection for individual officers: Under Section 3(a)(2)(A), an officer in their individual capacity shall not be found liable if they can establish that the right or privilege was not clearly established at the time of the conduct or if a court has issued a final decision that the conduct was consistent with the Constitution and Federal laws.
-
Protection for agencies and local governments: According to Section 3(a)(2)(B), a law enforcement agency or unit of local government shall not be liable if the officer is found not liable and was acting within the scope of their employment.
-
Providing breathing room for officials: The bill finds that qualified immunity is meant to give government officials "breathing room to make reasonable mistakes of fact and law" (Section 2).
Potential Negative Impacts for People
- Limits on holding officers accountable: The bill notes that qualified immunity is intended to balance the "need to hold law enforcement officers accountable when they exercise power irresponsibly" (Section 2), implying that the codification of these protections may impact that specific need.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For White Americans+2Good For African Americans-3Good For Hispanic Americans-3Good For Low Income Households-2Good For People With Disabilities-2
- Social Issues And Justice
- Improves Policing Reform-4Improves Racial Equity-3
- Governance And Ideology
- Improves Due Process-3Improves Government Transparency-2
- 3/24/2025
- 1 Cosponsor added.
- 1/17/2025
- 1 Cosponsor added.
- 1/16/2025
- Read twice and referred to the Committee on the Judiciary.
- 8 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Marsha BlackburnRepublican · Tennessee
Ted BuddRepublican · North Carolina
Mike CrapoRepublican · Idaho
Bill CassidyRepublican · Louisiana
Cindy Hyde-SmithRepublican · Mississippi
Markwayne MullinRepublican · Oklahoma
Bernie MorenoRepublican · Ohio
James RischRepublican · Idaho
Rick ScottRepublican · Florida
Tim SheehyRepublican · Montana