Andrew Kearse Accountability for Denial of Medical Care Act of 2025
- Sponsor
- Rep. Pressley, Ayanna [D-MA-7]
- Committees
- Judiciary Committee (primary)
- Last action
- May 23, 2025
Bottom line
The bill aims to enhance accountability for federal officials regarding medical care for individuals in custody by criminalizing negligent denial of immediate attention and establishing robust oversight mechanisms.
What it actually does
This bill creates a new federal offense for federal law enforcement and prison officials who negligently fail to provide immediate medical attention to individuals in their custody displaying medical distress, resulting in unnecessary pain, injury, or death. It mandates Inspector General investigations into such incidents, requires referral for prosecution if negligence is found, establishes a confidential complaint process, and mandates training for covered officials.
Proponents argue
Supporters argue this bill is a crucial step to prevent preventable deaths and serious injuries in federal custody by holding officials accountable for negligent inaction. They contend it addresses a critical gap in current law, ensures timely medical intervention, and provides a mechanism for victims and their families to seek justice, thereby improving the standard of care and building public trust.
Opponents contend
Potential opponents might argue that existing legal frameworks, such as civil rights statutes and agency policies, already address these concerns, and adding a new criminal offense could lead to over-prosecution or deter officers from engaging in difficult situations due to fear of liability. They might also raise concerns about the definition of "negligently fail" and "medical distress" potentially being too broad, leading to subjective enforcement.
The bill is short and relatively straightforward, making it accessible for a quick read to understand its core provisions.
Section 2(a), adding 18 U.S.C. § 251(b)(1)
Establishes Criminal Offense for Negligent Failure to Provide Medical Attention
This provision makes it a federal crime for federal law enforcement, Bureau of Prisons, or U.S. Marshals Service officials to negligently fail to get or provide immediate medical help to someone in their custody who is clearly in medical distress, if that failure causes the person unnecessary pain, injury, or death.
Supporters argue
Supporters argue this provision directly addresses the problem of preventable harm in custody by creating a clear legal consequence for negligent inaction, thereby incentivizing officials to prioritize the health and safety of those in their care.
Critics contend
Critics might argue that the term "negligently fail" could be open to broad interpretation, potentially leading to officers being hesitant to act in ambiguous situations or facing charges for errors in judgment rather than malicious intent.
Tradeoffs
Balances the need for accountability for officials with concerns about potential over-criminalization and the practical challenges faced by officers in high-stress environments.
Section 2(a), adding 18 U.S.C. § 251(b)(2)
Specifies Penalties for Criminal Offense
This section outlines the punishment for a covered official found guilty of negligently denying medical care, including a fine under Title 18, imprisonment for up to one year, or both.
Section 2(a), adding 18 U.S.C. § 251(b)(3)
Authorizes State Attorneys General to Bring Civil Actions
This provision allows a State Attorney General, or another designated state official, to file a civil lawsuit in federal court to seek equitable and declaratory relief on behalf of a state resident who has been harmed by a covered official's violation of the medical attention requirement.
Section 2(a), adding 18 U.S.C. § 251(c)(1)-(2)
Requires IG Investigations and Referrals for Prosecution
This section mandates that the appropriate Inspector General (IG) investigate any incident where a covered official fails to provide immediate medical attention to an individual in custody, resulting in unnecessary pain, injury, or death. If the IG concludes the official acted negligently, the case must be referred to the Attorney General for potential prosecution.
Section 2(a), adding 18 U.S.C. § 251(c)(3)
Establishes Confidential Complaint Process for IGs
This provision requires the Inspector General of each federal agency employing covered officials to create a confidential system for individuals to report incidents of alleged medical negligence by those officials.
Section 2(a), adding 18 U.S.C. § 251(d)
Requires Training on Medical Assistance for Officials
This provision mandates that the head of any agency employing federal law enforcement or prison officials provide training to those officials on how to obtain or provide medical assistance to individuals in medical distress.
Defines "medical distress" to include breathing difficulties, but not exclusively.
Section 2(a), adding 18 U.S.C. § 251(a)(3)
Why it matters:Standard legislative practice to define terms at the outset. The non-exhaustive nature of the definition is common to allow for flexibility.
Case for: Supporters would argue that providing a specific example like "breathing difficulties" offers clarity for officials without unduly restricting the definition, allowing for flexibility to cover other serious medical conditions.
Case against: Critics might argue that a non-exhaustive definition could lead to ambiguity and subjective interpretation by officials or in court, potentially creating uncertainty about when the duty to provide care is triggered.
Estimated impact: Clarifies one common and critical symptom that must trigger a response, potentially saving lives in specific scenarios, while leaving other scenarios open to interpretation.