- Potential benefitIncreases accountability for custodial medical care by enabling criminal charges for negligent failures causing harm.
- StatesEmpowers state attorneys general to sue, expanding state enforcement of custodial medical standards.
- Federal agenciesRequires agency training on medical assistance, potentially improving immediate care and health outcomes.
Andrew Kearse Accountability for Denial of Medical Care Act of 2025
Referred to the House Committee on the Judiciary.
Creates a new criminal offense for federal law enforcement, Bureau of Prisons, and U.S. Marshals Service officials who negligently fail to obtain or provide immediate medical attention to detained individuals exhibiting medical distress that results in unnecessary pain, injury, or death. Penalty: fine and/or up to one year imprisonment.
Accountability versus criminalizing ordinary mistakes
Relative to its intended legislative type, this bill clearly defines its goal and establishes substantive legal obligations (a criminal offense for negligent failure to secure immediate medical attention for detained individuals in distress), assigns investigative and enforcement responsibilities to Inspectors General and the Attorney General, and mandates training.
Creates a new criminal offense for federal law enforcement, Bureau of Prisons, and U.S. Marshals Service officials who negligently fail to obtain or provide immediate medical attention to detained individuals exhibiting medical distress that results in unnecessary pain, injury, or death.
Penalty: fine and/or up to one year imprisonment.
Requires Inspector General investigations, confidential IG complaint processes, referral to the Attorney General when negligence is found, state attorney general civil enforcement options, and mandated agency training on providing medical assistance.
Substantive but narrow accountability measure; plausible House support possible, Senate passage and executive-branch/constitutional hurdles lower overall odds.
Relative to its intended legislative type, this bill clearly defines its goal and establishes substantive legal obligations (a criminal offense for negligent failure to secure immediate medical attention for detained individuals in distress), assigns investigative and enforcement responsibilities to Inspectors General and the Attorney General, and mandates training. However, it leaves several implementation-critical elements unspecified: it does not define 'immediate medical attention' or clarify the legal standard and defenses for 'negligently,' it lacks procedural timelines and operational guidance for agencies, it provides no funding or resource statements for training and investigations, and it does not impose reporting or metric requirements to monitor compliance and outcomes.
Accountability versus criminalizing ordinary mistakes
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenCriminalizing negligent conduct could chill split‑second decision‑making in emergencies, possibly delaying necessary ac…
- Potential burdenIncreases legal exposure and potential prosecutions, which may affect recruitment, retention, and morale of officials.
- Federal agenciesImposes training and compliance costs on federal agencies, increasing budgetary and administrative burdens.
Why the argument around this bill splits.
Accountability versus criminalizing ordinary mistakes
Likely strongly supportive as a measure to increase accountability and prevent deaths in custody.
Views the IG investigation, state civil enforcement, and training requirements as meaningful safeguards for detainees' health and civil rights.
Generally favorable toward accountability and training but seeks clearer legal standards and funding details.
Wants to avoid unintended operational harms while ensuring detained persons receive care.
Likely opposed or skeptical, viewing the bill as criminalizing routine errors and expanding federal oversight of law enforcement.
Concerned about morale, defensive behavior, and duplication with existing laws.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantive but narrow accountability measure; plausible House support possible, Senate passage and executive-branch/constitutional hurdles lower overall odds.
- Level of executive branch or DOJ opposition
- Support or opposition from federal law enforcement unions
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Accountability versus criminalizing ordinary mistakes
Substantive but narrow accountability measure; plausible House support possible, Senate passage and executive-branch/constitutional hurdles…
Relative to its intended legislative type, this bill clearly defines its goal and establishes substantive legal obligations (a criminal offense for negligent failure to secure immediate medical attention for detained in…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.