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New Bill: Representative Virginia Foxx introduces H.R. 503: Qualified Immunity Act of 2025

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We have received text from H.R. 503: Qualified Immunity Act of 2025. This bill was received on 2025-01-16, and currently has 12 cosponsors.

Here is a short summary of the bill:

This bill is titled the Qualified Immunity Act of 2025 and its primary purpose is to amend how qualified immunity applies to law enforcement officers in legal actions under federal law, specifically section 1983, which deals with civil rights violations.

Key Provisions of the Bill

1. **Codifying Qualified Immunity**

The bill aims to officially define and clarify qualified immunity for law enforcement officers. Under this proposed legislation, qualified immunity would protect a law enforcement officer from personal liability in civil lawsuits if the officer can demonstrate either of the following:- **Lack of Clarity**: That the right, privilege, or immunity in question was not clearly established at the time of the alleged violation, meaning that a reasonable officer in a similar situation would not have known that their actions were unconstitutional or in violation of federal law. - **Consistent Conduct**: That a court had previously determined that the specific conduct alleged was consistent with the Constitution and federal laws, meaning that the officer's actions had previously been deemed lawful.

2. **Protection for Law Enforcement Agencies**

The bill also stipulates that if a law enforcement officer is found not liable under the provisions of this act, the law enforcement agency or local government employing that officer cannot be held liable for that officer's actions if they were acting within the scope of their employment at the time.

3. **Definition of Law Enforcement Officer and Agency**

The legislation defines a law enforcement officer as any federal, state, tribal, or local official with statutory powers to enforce the law through arrest or apprehension. Furthermore, a law enforcement agency refers to any public agency engaged in the enforcement of laws and possessing the powers to arrest.

4. **Effective Date**

If the bill is enacted, the changes would take effect 180 days after the law is signed.

Purpose and Findings

The bill articulates that the purpose of qualified immunity is to protect law enforcement officers from being held liable for mistakes made in the line of duty, provided those mistakes are reasonable. The findings state that this measure balances the need for accountability in law enforcement with the need to allow officers to perform their duties without fear of constant litigation, especially in complex and fast-changing situations.

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