Section 1 Short title
This Act may be cited as the “Qualified Immunity Accountability Act”.
Qualified Immunity Accountability Act
A BILL
To amend title 18, United States Code, to revise the applicable standards regarding death resulting from a deprivation of rights under color of law.
Sec. 2 Deprivation of rights under color of law
Section 242 of title 18, United States Code, is amended—
by striking “willfully” and inserting “knowingly or recklessly”;
by striking “, or may be sentenced to death”; and
by adding at the end the following: “For purposes of this section, an act shall be considered to have resulted in death if the act was a substantial factor contributing to the death of the person.”.
Sec. 3 Qualified immunity reform
Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended by adding at the end the following:
“(1) the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed; or
“(2) the rights, privileges, or immunities secured by the Constitution and laws were not clearly established at the time of their deprivation by the defendant, or that at such time, the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”