H.R. 5649 — Judicial Accountability for Public Safety Act of 2025

This section establishes a civil cause of action for any person injured by a judicial officer's action taken with intentional disregard for public safety or gross negligence during a bond determination or sentencing hearing, if proven by clear and convincing evidence, allowing for appropriate relief including punitive damages. This section does not apply to judicial acts taken in good faith or within ordinary judicial discretion and prohibits assertion of otherwise applicable federal or state immunities in such actions.

This section defines key terms for purposes of the Act as follows: (1) “judicial officer” to include any U.S. district judge, magistrate judge, bankruptcy judge, or other federal judicial officer, as well as any state or local judge or magistrate acting in a criminal proceeding; (2) “intentional disregard for public safety” as an intentional act or omission that ignores or overrides evidence, statutory mandates, or clear risks to community safety in the exercise of bond or sentencing discretion; (3) “bond determination” as any judicial order regarding bail, pretrial release, or conditions of release; and (4) “sentencing decision” as any judicial order issued upon conviction that imposes a term of imprisonment, probation, parole, supervised release, or involuntary commitment; conditions on release; forfeiture; or any other criminal sanction.