H.R. 5649

119 HR 5649 IH: Judicial Accountability for Public Safety Act of 2025
 U.S. House of Representatives
 2025-09-30
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 I  119th CONGRESS  1st Session  H. R. 5649  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.
1.
Short title
This Act may be cited as the   Judicial Accountability for Public Safety Act of 2025  .
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.
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.