Andrew Kearse Accountability for Denial of Medical Care Act of 2025
- Sponsor
- Sen. Warren, Elizabeth [D-MA]
- Committees
- Judiciary Committee (primary)
- Last action
- May 22, 2025
Bottom line
This bill establishes a federal criminal offense for negligent denial of medical care in federal custody, aiming to increase accountability and ensure timely medical intervention for detainees.
What it actually does
This bill establishes a new federal criminal 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 for such incidents, requires referrals for prosecution in cases of negligence, and establishes a confidential complaint process. Additionally, it grants State Attorneys General civil enforcement authority and mandates training for covered officials.
Proponents argue
Supporters argue this bill addresses a critical gap in accountability for federal officials, preventing unnecessary suffering and deaths in custody by ensuring timely medical care. They emphasize the importance of protecting vulnerable individuals and holding negligent officials responsible. The bill, named after Andrew Kearse, underscores a commitment to rectifying past failures and preventing future tragedies.
Opponents contend
Opponents might argue that existing legal frameworks, such as civil rights statutes and departmental policies, are sufficient to address medical neglect. They could also contend that this bill's broad definition of 'negligently fail' could lead to over-criminalization of difficult judgments made by officers in high-stress situations, potentially impacting officer morale and recruitment.
The bill is concise and easily digestible, allowing for a quick and informed assessment by any interested reader.
Section 1
Short Title: Andrew Kearse Accountability for Denial of Medical Care Act of 2025
This section establishes the official short title of the Act, naming it the 'Andrew Kearse Accountability for Denial of Medical Care Act of 2025.' This naming often signifies that the legislation is a response to a specific incident or individual, highlighting the human impact the bill aims to address and providing context for its purpose.
Supporters argue
Supporters argue that naming the bill after Andrew Kearse honors his memory and underscores the urgent need for accountability in cases of medical neglect in custody, providing a clear moral imperative for the legislation and reminding stakeholders of the human cost of inaction.
Critics contend
No specific opposition is typically raised against the naming of a bill, though general opponents of the bill might view it as an emotional appeal rather than a substantive policy argument.
Tradeoffs
The tradeoff is between honoring an individual's memory and focusing solely on the technical aspects of legislation. Proponents see it as essential for context and motivation, while others might prefer a purely functional title.
Section 2(a), adding new 18 U.S.C. § 251(b)(1)-(2)
Criminal Offense for Negligent Denial of Medical Care
This provision makes it unlawful for a federal law enforcement officer, Bureau of Prisons employee, or U.S. Marshals Service employee to negligently fail to obtain or provide immediate medical attention to an individual in federal custody who displays medical distress in their presence. If this failure results in unnecessary pain, injury, or death, the official can be fined under title 18, imprisoned for not more than 1 year, or both.
Section 2(a), adding new 18 U.S.C. § 251(b)(3)
State Attorneys General Civil Action Authority
This provision grants State Attorneys General (or designated state officials/agencies) the authority to bring civil actions in any appropriate federal district court. This can occur when they have reasonable cause to believe a resident of their state has been aggrieved by a covered official's violation of the medical attention requirement, allowing them to seek appropriate equitable and declaratory relief.
Section 2(a), adding new 18 U.S.C. § 251(c)
Mandatory IG Investigations and Prosecution Referrals
This section mandates that the appropriate Inspector General (IG) investigate any instance where a covered official fails to provide immediate medical attention, and that failure results in unnecessary pain, injury, or death. If the IG concludes that a covered official acted negligently, they must refer the case to the Attorney General for prosecution. It also requires IGs to establish a confidential complaint process for such incidents.
Section 2(a), adding new 18 U.S.C. § 251(d)
Mandatory Training for Federal Officials
This section requires the head of any agency employing covered officials (Federal law enforcement officers, Bureau of Prisons employees, or U.S. Marshals Service employees) to provide training to each official on obtaining or providing medical assistance to individuals in medical distress. This aims to proactively equip officials with the necessary skills.