Introduced in House — H.R. 5649

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.

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.