[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1318

To protect State and Federal judges by clarifying that Federal judicial 
    immunity covers all acts undertaken by judges pursuant to legal 
                               authority.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2005

  Mr. Cornyn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To protect State and Federal judges by clarifying that Federal judicial 
    immunity covers all acts undertaken by judges pursuant to legal 
                               authority.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLARIFICATION OF JUDICIAL IMMUNITY.

    (a) In General.--Chapter 21 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 464. Judicial immunity for administrative functions
    ``(a) In General.--Subject to subsection (b), a justice or judge of 
the United States or a State judge shall have immunity against any 
Federal civil cause of action respecting the discharge of any 
legislatively or constitutionally authorized duty, except for actions 
involving malice.
    ``(b) Other Immunity.--This section shall not preempt any Federal 
or State law providing immunity in addition to the immunity provided by 
this section.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 21 of title 
28, United States Code, is amended by adding at the end the following:

``Sec. 464. Judicial immunity for administrative functions.''.
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