Andrew Kearse Accountability for Denial of Medical Care Act of 2025
- Bill Number
- S. 1914
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-22: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-12-05T21:43:16Z
AI-Generated Summary
Purpose
The Andrew Kearse Accountability for Denial of Medical Care Act of 2025 aims to ensure that federal law enforcement and prison officials provide immediate medical care to people in custody who show signs of medical distress, such as breathing problems. It seeks to prevent unnecessary suffering, injury, or death by holding officials accountable for negligence in these situations.
Key Provisions
- Definitions:
- "Covered official" includes federal law enforcement officers (as defined under existing law), Bureau of Prisons employees, and U.S. Marshals Service employees.
- "Medical distress" covers issues like breathing difficulties.
- "Appropriate Inspector General" refers to the oversight official for the employing agency or the Department of Justice if none exists.
- Criminal Offense: It is illegal for a covered official to negligently ignore or fail to get immediate medical help for someone in federal custody showing distress, if this leads to unnecessary pain, injury, or death. Penalties include fines, up to one year in prison, or both.
- Civil Enforcement by States: State attorneys general (or designated officials) can file lawsuits in federal court against violations affecting state residents, seeking court orders for remedies like policy changes (equitable relief) or official declarations (declaratory relief).
- Investigations: Inspectors General must investigate failures to provide care that result in harm. If negligence is found, they refer the case to the Attorney General for possible prosecution. Agencies must create a confidential way for people to report such incidents.
- Training Requirement: Agencies employing covered officials must train them on how to recognize and respond to medical distress by obtaining or providing 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. It introduces a specific criminal penalty for negligent denial of medical care in federal custody, which was not explicitly outlined before. It also creates mandatory Inspector General investigations and a state-level civil enforcement option, expanding oversight beyond current federal civil rights laws like 18 U.S.C. § 242 (which covers deprivation of rights under color of law but does not specifically address medical neglect).
Potential Impacts
- On Government Agencies: Federal law enforcement, prisons, and marshals services will need to implement new training programs, potentially increasing administrative costs and workload for Inspectors General due to required investigations and complaint processes.
- On Citizens: People in federal custody, especially those with health issues, may receive faster medical attention, reducing risks of harm. Families or representatives of affected individuals could benefit from easier reporting and state-led lawsuits.
- On International Relations: No direct impact, as the bill focuses solely on domestic federal custody.
Main Stakeholders Affected
- Individuals in Federal Custody: Primary beneficiaries, gaining stronger protections against medical neglect.
- Covered Officials: Federal law enforcement, Bureau of Prisons staff, and U.S. Marshals, who face new legal risks, training obligations, and investigations.
- Oversight Bodies: Inspectors General and the Department of Justice, responsible for probes, referrals, and prosecutions.
- State Governments: Attorneys general, who gain authority to pursue civil actions on behalf of residents.
- Advocacy Groups: Organizations focused on civil rights, prison reform, and health in custody may use this to push for better practices.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens civil rights enforcement by codifying a duty to act on medical distress, potentially making it easier to prove negligence in lawsuits compared to broader rights-deprivation claims. The one-year prison cap keeps penalties modest, focusing on accountability rather than severe punishment.
- Constitutional: Aligns with the Eighth Amendment's prohibition on cruel and unusual punishment by addressing deliberate indifference to serious medical needs in custody, as interpreted by courts (e.g., in cases like Estelle v. Gamble). It does not alter constitutional standards but provides a statutory tool to enforce them.
- Political: Named after Andrew Kearse, it reflects bipartisan reform efforts (introduced by Senators Warren, Blumenthal, and others) amid public concerns over deaths in custody, such as high-profile cases involving police or prisons. It could spark debates on balancing officer duties with liability, without broader immigration or policing overhauls.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Blumenthal, Richard [D-CT], Sen. Hirono, Mazie K. [D-HI], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Sanders, Bernard [I-VT]
Recent Actions
- 2025-05-22: Read twice and referred to the Committee on the Judiciary.
- 2025-05-22: Introduced in Senate
Bill Versions
- Andrew Kearse Accountability for Denial of Medical Care Act of 2025 — issued 2025-05-22 — PDF (5 pages)