119-hr5649

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5649 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 5649

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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 30, 2025

 Mr. Moore of North Carolina introduced the following bill; which was 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Judicial Accountability for Public 
Safety Act of 2025''.

SEC. 2. CIVIL LIABILITY.

    (a) Cause of Action.--Any person who establishes by clear and 
convincing evidence that such person was injured by any action taken, 
with intentional disregard for public safety or with gross negligence, 
by a judicial officer in a bond determination or sentencing hearing may 
obtain, in a civil action, such relief as the court may determine 
appropriate, which may include punitive damages.

    (b) Rule of Construction.--This Act may not be construed to apply 
to a judicial act taken in good faith or within the scope of ordinary 
judicial discretion.
            (c) Limitation on Immunity.--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.

SEC. 3. DEFINITIONS.

 For purposes of this Act:

    (1) The term ``judicial officer'' means--
        (A) any United States district judge, magistrate 
 judge, bankruptcy judge, or other Federal judicial 
 officer; and
        (B) any State or local judge or magistrate,
 acting in a criminal proceeding.

    (2) 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.

    (3) The term ``bond determination'' includes any judicial 
 order regarding bail, pretrial release, or conditions of 
 release.

    (4) The term ``sentencing decision'' includes any judicial 
 order, issued upon conviction, that imposes--
        (A) a term of imprisonment, probation, parole, 
 supervised release, or involuntary commitment;
        (B) any conditions on release;
            (C) forfeiture; or
            (D) any other criminal sanction.
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