- Federal agenciesMay reduce deaths and serious injuries among people held in federal custody by promoting prompt medical care.
- Potential benefitCreates formal accountability through criminal penalties and mandated Inspector General investigations.
- Federal agenciesEnables state attorneys general to seek federal equitable or declaratory relief on behalf of residents.
Andrew Kearse Accountability for Denial of Medical Care Act of 2025
Read twice and referred to the Committee on the Judiciary.
The bill makes it a federal criminal offense for certain federal law enforcement, Bureau of Prisons, and U.S. Marshals Service officials to negligently fail to obtain or provide immediate medical attention to someone in federal custody who is displaying medical distress, if that failure causes unnecessary pain, injury, or death. Penalties include fines and up to one year imprisonment.
Accountability vs. criminalizing split-second law-enforcement decisions
Relative to its intended legislative type, this bill creates a clear substantive offense and basic enforcement channels but provides only moderate operational detail and no fiscal resourcing, resulting in partial fit between ambition and execution.
The bill makes it a federal criminal offense for certain federal law enforcement, Bureau of Prisons, and U.S. Marshals Service officials to negligently fail to obtain or provide immediate medical attention to someone in federal custody who is displaying medical distress, if that failure causes unnecessary pain, injury, or death.
Penalties include fines and up to one year imprisonment.
The bill requires Inspectors General to investigate such incidents, refer negligent cases for prosecution, establish confidential complaint processes, and mandates agency-provided training on responding to medical distress.
Technically focused and limited, improving chances, but potential opposition from law enforcement and Senate procedure reduce overall odds.
Relative to its intended legislative type, this bill creates a clear substantive offense and basic enforcement channels but provides only moderate operational detail and no fiscal resourcing, resulting in partial fit between ambition and execution.
Accountability vs. criminalizing split-second law-enforcement decisions
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 failures may create hesitation or defensive behavior by officers in emergencies.
- Federal agenciesAdds investigative and administrative workload for Inspectors General and agency compliance functions.
- Federal agenciesCould increase litigation and oversight costs for federal agencies, including training and policy changes.
Why the argument around this bill splits.
Accountability vs. criminalizing split-second law-enforcement decisions
Supports the bill as a necessary accountability measure to prevent deaths and suffering in federal custody and to ensure medical care.
Sees mandated IG investigations, confidential complaint processes, and training as constructive reforms.
Might want stronger civil remedies and clearer implementation funding.
Generally favorable as a targeted, accountability-focused reform, but cautious about legal clarity and implementation burdens.
Sees value in IG oversight and training, while wanting clearer standards, due-process safeguards, and funding for compliance.
Likely skeptical or opposed, viewing the bill as criminalizing split-second decisions and expanding federal liability for front-line officers.
Concerned it will undermine law enforcement discretion, recruitment, and operational effectiveness.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Technically focused and limited, improving chances, but potential opposition from law enforcement and Senate procedure reduce overall odds.
- No official cost estimate or budgetary offsets included
- Vagueness about 'medical distress' and 'negligently' may invite legal challenges
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 vs. criminalizing split-second law-enforcement decisions
Technically focused and limited, improving chances, but potential opposition from law enforcement and Senate procedure reduce overall odds.
Relative to its intended legislative type, this bill creates a clear substantive offense and basic enforcement channels but provides only moderate operational detail and no fiscal resourcing, resulting in partial fit be…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.