HR 233 — Qualified Immunity Act of 2023

Summary

To amend the Revised Statutes to codify the defense of qualified immunity in the case of any action under section 1979, and for other purposes.

Bill Text

• Introduced Introduced in House Current html January 10, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a defense of qualified immunity for law enforcement officers in actions under 42 U.S.C. § 1983.

• 42 U.S.C. § 1983

  (a) In General--

  Establishes the opening section for the statute to clarify its intent.

• 42 U.S.C. § 1983

  (b) Applicability to Law Enforcement Officers.--

  Introduces a subsection specifically addressing the applicability of qualified immunity for law enforcement officers.

• 42 U.S.C. § 1983

  A law enforcement officer subject to an action under this section in their individual capacity shall not be found liable if such law enforcement officer establishes that--

  Codifies the conditions under which a law enforcement officer can claim qualified immunity.

• 42 U.S.C. § 1983

  (A) the right, privilege, or immunity secured by the Constitution or Federal law was not clearly established at the time of their deprivation by the law enforcement officer, or that at this time, the state of the law was not sufficiently clear that every reasonable law enforcement officer would have understood that the conduct alleged constituted a violation of the Constitution or Federal law; or

  Specifies one of the criteria for qualified immunity related to the clarity of the law.

• 42 U.S.C. § 1983

  (B) a court of competent jurisdiction had issued a final decision on the merits holding, without reversal, vacatur, or preemption, that the specific conduct alleged to be unlawful was consistent with the Constitution and Federal laws.

  Introduces a second criterion for qualified immunity, allowing immunity if previous court rulings support the officer's conduct.

• 42 U.S.C. § 1983

  A law enforcement agency or unit of local government who employed a law enforcement officer subject to an action under subsection (a), shall not be liable for such action if the law enforcement officer is found not liable under paragraph (1) and was acting within the scope of their employment.

  Extends qualified immunity to agencies employing law enforcement officers under certain conditions.

• 42 U.S.C. § 1983

  (c) Definitions.--

  Introduces a definitions section to clarify key terms used in the new provisions.

• 42 U.S.C. § 1983

  The term `law enforcement officer' means any Federal, State, Tribal, or local official who is authorized by law to engage in or supervise the prevention, detection, investigation, or the incarceration of any person for any violation of law, and has the statutory powers of arrest or apprehension, including police officers and other agents of a law enforcement agency.

  Defines 'law enforcement officer' to clarify who is covered under the qualified immunity provisions.

• 42 U.S.C. § 1983

  The term `law enforcement agency' means any Federal, State, Tribal, or local public agency engaged in supervision, prevention, detection, investigation, or the incarceration of any person for any violation of law, and has the statutory powers of arrest or apprehension.

  Defines 'law enforcement agency' for clarity regarding the entities involved in the qualified immunity provisions.

• 42 U.S.C. § 1983

  The amendments made under subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

  Establishes an effective date for the new provisions.

Action History

1. January 10, 2023

   Introduced in House

2. January 10, 2023

   Introduced in House

3. January 10, 2023

   Referred to the House Committee on the Judiciary.

Sponsors

• Jim Banks · Primary

Subjects