Andrew Kearse Accountability for Denial of Medical Care Act of 2025
- Bill Number
- H.R. 3603
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-23: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-12-05T21:43:47Z
AI-Generated Summary
Purpose
The Andrew Kearse Accountability for Denial of Medical Care Act of 2025 aims to ensure that federal law enforcement officers, prison staff, and U.S. Marshals provide or obtain immediate medical care for people in their custody who show signs of medical distress, such as breathing problems. It holds these officials accountable if their negligence leads to harm, promoting better protection for detainees' health and safety.
Key Provisions
- Definitions:
- "Covered officials" include federal law enforcement officers (as defined under existing law), Bureau of Prisons employees, and U.S. Marshals Service personnel.
- "Medical distress" encompasses issues like breathing difficulties.
- "Appropriate Inspector General" (IG) refers to the oversight official for the employing agency or the Department of Justice IG if none exists.
- Criminal Offense and Penalty: It is illegal for a covered official to negligently fail to provide or obtain immediate medical attention to someone in custody displaying medical distress, if this failure causes unnecessary pain, injury, or death. Violators face fines, up to one year in prison, or both.
- Civil Enforcement: State attorneys general (or designated state officials) can file lawsuits in federal court against violators to seek remedies like court orders or declarations of rights (equitable and declaratory relief) if a state resident is harmed.
- Investigations and Referrals: The relevant IG must investigate any qualifying incident. If negligence is found, the IG refers the case to the U.S. Attorney General for potential prosecution. Agencies must create a confidential process for submitting complaints about such incidents.
- Training Requirement: Agencies employing covered officials must train them on how to recognize and respond to medical distress by providing or obtaining assistance.
Significant Changes to Existing Law
This bill adds a new section (Section 251) to Chapter 13 of Title 18 of the U.S. Code, which deals with civil rights violations. Previously, there was no specific federal criminal statute mandating immediate medical care for detainees or imposing direct penalties for negligent failures in this context. It introduces criminal liability for negligence (a lower standard than intentional misconduct) and enables state-level civil actions, expanding enforcement options beyond federal oversight alone. It also mandates IG investigations and training, which were not previously required by statute for these scenarios.
Potential Impacts
- On Government Agencies: Federal law enforcement, prisons, and the U.S. Marshals Service will need to implement new training programs and complaint processes, potentially increasing administrative costs and oversight. Inspectors General may see more investigative workloads, leading to referrals for prosecution.
- On Citizens: Individuals in federal custody, especially those with health vulnerabilities, could receive faster medical help, reducing risks of harm or death. Families and communities may benefit from stronger accountability, though it primarily affects detainees rather than the general public.
- On International Relations: No direct impacts, as the bill focuses on domestic federal custody practices.
Main Stakeholders Affected
- Covered Officials: Federal law enforcement officers, Bureau of Prisons staff, and U.S. Marshals, who face new legal risks and training obligations.
- Individuals in Custody: Detainees under federal authority, who gain explicit protections against neglect of medical needs.
- Oversight Bodies: Inspectors General and the Department of Justice, responsible for investigations, referrals, and complaint handling.
- State Governments: Attorneys general, who can pursue civil actions on behalf of affected residents.
- Broader Public: Advocacy groups for civil rights and prisoner welfare, who may use this law to push for better treatment standards.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes negligence as a basis for criminal charges in medical neglect cases, potentially leading to more prosecutions and civil suits. It complements existing civil rights laws (e.g., those prohibiting cruel and unusual punishment) by adding specific, enforceable duties.
- Constitutional: Aligns with Eighth Amendment protections against deliberate indifference to serious medical needs for prisoners and Fifth/Fourteenth Amendment due process rights for pretrial detainees, but lowers the bar from "deliberate" to "negligent" failure, which could broaden accountability without overstepping judicial precedents.
- Political: Named after Andrew Kearse (implying a real-world incident of neglect), it reflects bipartisan or progressive pushes for police and prison reform, emphasizing accountability amid public concerns over custody deaths. It may spark debates on balancing official duties with personal liability, influencing future legislation on detainee rights.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pressley, Ayanna [D-MA-7]
Cosponsors (10)
Rep. Carson, André [D-IN-7], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Kelly, Robin L. [D-IL-2], Rep. Lee, Summer L. [D-PA-12], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Ramirez, Delia C. [D-IL-3], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Tlaib, Rashida [D-MI-12], Rep. Omar, Ilhan [D-MN-5]
Recent Actions
- 2025-05-23: Referred to the House Committee on the Judiciary.
- 2025-05-23: Introduced in House
- 2025-05-23: Introduced in House
Bill Versions
- Andrew Kearse Accountability for Denial of Medical Care Act of 2025 — issued 2025-05-23 — PDF (5 pages)