3.0.0 233 2024-09-07T08:05:13Z 2024-09-07T08:05:13Z House H HR 2023-01-10 118 [Congressional Record Volume 169, Number 8 (Tuesday, January 10, 2023)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. BANKS:H.R. 233.Congress has the power to enact this legislation pursuantto the following:The constitutional authority of Congress to enact thislegislation is provided by Article I, section 8 of the UnitedStates Constitution, specifically clause 18 (relating to thepower to make all laws necessary and proper for carrying outthe powers vested in Congress).[Page H151]]]> hsju00 Judiciary Committee House Standing Referred to 2023-01-10T15:01:50Z 2023-01-10 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2023-01-10 Introduced in House IntroReferral Intro-H 9 Library of Congress 2023-01-10 Introduced in House IntroReferral 1000 9 Library of Congress B001299 Rep. Banks, Jim [R-IN-3] Jim Banks R IN 3 N T000478 Rep. Tenney, Claudia [R-NY-24] Claudia Tenney R NY 24 2023-01-11 False M001204 Rep. Meuser, Daniel [R-PA-9] Daniel Meuser R PA 9 2023-01-11 False S000522 Rep. Smith, Christopher H. [R-NJ-4] CHRISTOPHER SMITH R NJ H. 4 2023-01-11 False M001211 Rep. Miller, Mary E. [R-IL-15] Mary Miller R IL E. 15 2023-01-11 False B000825 Rep. Boebert, Lauren [R-CO-3] Lauren Boebert R CO 3 2023-01-11 False P000599 Rep. Posey, Bill [R-FL-8] Bill Posey R FL 8 2023-01-11 False L000578 Rep. LaMalfa, Doug [R-CA-1] Doug LaMalfa R CA 1 2023-01-12 False K000376 Rep. Kelly, Mike [R-PA-16] Mike Kelly R PA 16 2023-01-12 False G000591 Rep. Guest, Michael [R-MS-3] Michael Guest R MS 3 2023-01-12 False V000134 Rep. Van Duyne, Beth [R-TX-24] Beth Van Duyne R TX 24 2023-01-12 False P000615 Rep. Pence, Greg [R-IN-6] Greg Pence R IN 6 2023-01-24 False C001051 Rep. Carter, John R. [R-TX-31] John Carter R TX R. 31 2023-01-24 False B001307 Rep. Baird, James R. [R-IN-4] James Baird R IN R. 4 2023-01-24 False K000392 Rep. Kustoff, David [R-TN-8] David Kustoff R TN 8 2023-01-24 False C001126 Rep. Carey, Mike [R-OH-15] Mike Carey R OH 15 2023-01-24 False C001116 Rep. Clyde, Andrew S. [R-GA-9] Andrew Clyde R GA S. 9 2023-01-24 False B001282 Rep. Barr, Andy [R-KY-6] Andy Barr R KY 6 2023-01-24 False B001298 Rep. Bacon, Don [R-NE-2] Don Bacon R NE 2 2023-01-25 False L000589 Rep. Lesko, Debbie [R-AZ-8] Debbie Lesko R AZ 8 2023-02-14 False H001067 Rep. Hudson, Richard [R-NC-9] Richard Hudson R NC 9 2023-03-14 False L000564 Rep. Lamborn, Doug [R-CO-5] Doug Lamborn R CO 5 2023-03-28 False B001311 Rep. Bishop, Dan [R-NC-8] Dan Bishop R NC 8 2023-06-12 False G000595 Rep. Good, Bob [R-VA-5] Bob Good R VA 5 2023-06-13 False G000594 Rep. Gonzales, Tony [R-TX-23] Tony Gonzales R TX 23 2023-10-02 False M001212 Rep. Moore, Barry [R-AL-2] Barry Moore R AL 2 2024-02-15 False B001275 Rep. Bucshon, Larry [R-IN-8] Larry Bucshon R IN 8 2024-02-15 False F000450 Rep. Foxx, Virginia [R-NC-5] Virginia Foxx R NC 5 2024-02-28 False S001189 Rep. Scott, Austin [R-GA-8] Austin Scott R GA 8 2024-03-05 False F000475 Rep. Finstad, Brad [R-MN-1] Brad Finstad R MN 1 2024-03-11 False M000317 Rep. Malliotakis, Nicole [R-NY-11] Nicole Malliotakis R NY 11 2024-03-13 False C001039 Rep. Cammack, Kat [R-FL-3] Kat Cammack R FL 3 2024-03-13 False G000576 Rep. Grothman, Glenn [R-WI-6] Glenn Grothman R WI 6 2024-04-10 False S000929 Rep. Spartz, Victoria [R-IN-5] Victoria Spartz R IN 5 2024-04-12 False K000398 Rep. Kean, Thomas H. [R-NJ-7] Thomas Kean R NJ H. 7 2024-05-10 False G000597 Rep. Garbarino, Andrew R. [R-NY-2] Andrew Garbarino R NY R. 2 2024-05-24 False L000599 Rep. Lawler, Michael [R-NY-17] Michael Lawler R NY 17 2024-06-11 False L000600 Rep. Langworthy, Nicholas A. [R-NY-23] Nicholas Langworthy R NY A. 23 2024-06-14 False V000135 Rep. Van Orden, Derrick [R-WI-3] Derrick Van Orden R WI 3 2024-06-25 False M001205 Rep. Miller, Carol D. [R-WV-1] Carol Miller R WV D. 1 2024-06-27 False H001052 Rep. Harris, Andy [R-MD-1] Andy Harris R MD 1 2024-09-06 False Civil Rights and Liberties, Minority Issues Civil actions and liability 2023-05-26T15:00:30Z Constitution and constitutional amendments 2023-05-26T15:00:30Z Due process and equal protection 2023-05-26T15:00:31Z Government liability 2023-05-26T15:00:31Z Law enforcement officers 2023-05-26T15:00:31Z Civil Rights and Liberties, Minority Issues 2023-02-21T16:45:16Z 00 2023-01-10 Introduced in House 2023-05-25T14:12:54Z Qualified Immunity Act of 2023

This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations.

Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known.

The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional.

The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

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Qualified Immunity Act of 2023 Display Title 45 Qualified Immunity Act of 2023 2024-06-11T15:11:23Z Short Title(s) as Introduced 101 Qualified Immunity Act of 2023 2024-05-24T13:42:41Z Introduced in House IH Official Title as Introduced 6 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. 2024-03-18T20:28:27Z Introduced in House IH Introduced in House 2023-01-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-118hr233ih/xml/BILLS-118hr233ih.xml 2023-01-10 Referred to the House Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.