Bill
HR 7290
The bill expands accountability by defining death as a substantial factor from rights deprivation and eliminates qualified immunity for local and federal officers in related civil
Date introduced: January 30, 2026
Purpose
- The bill seeks to reform standards related to death arising from deprivation of rights under color of law and to modify the scope of qualified immunity for law enforcement officers in federal and local actions.
Key Provisions
1) Deprivation of Rights Under Color of Law (Section 2)
- Amends 18 U.S.C. 242 (criminal deprivation of rights under color of law).
- Standards for mens rea:
- Replaces the current requirement of “willfully” with “knowingly or recklessly.”
- Death determinations:
- Strikes the former language that allowed punishment “may be sentenced to death.”
- Adds a new definition: “an act shall be considered to have resulted in death if the act was a substantial factor contributing to the death of the person.” This broadens the causation standard to include acts that are a substantial factor in causing death, not necessarily the sole or direct cause.
2) Qualified Immunity Reform (Section 3)
- Amends 42 U.S.C. 1983 (and related actions) to address qualified immunity for law enforcement officers.
- New provision states: It shall not be a defense or immunity in actions against:
- Local law enforcement officers (as defined by the George Floyd Justice in Policing Act of 2025),
- Federal investigative or law enforcement officers (as defined by 28 U.S.C. 2680(h)).
- Provisions clarifying that:
- A defendant cannot rely on good faith or a belief that conduct was lawful as an immunity defense.
- A defendant cannot rely on the absence of clearly established rights or lack of clear legal standards at the time to justify deprivation; i.e., even if a right was not clearly established, the immunity defense would not apply if the conduct violated constitutional rights as interpreted in this framework.
Definitions and scope
- Local vs. federal officers: The bill references definitions from related policing reform legislation (George Floyd Justice in Policing Act of 2025) for who counts as a local officer.
- “Knowingly or recklessly” replaces “willfully” for culpability under 18 U.S.C. 242.
- The causation standard for death is broadened to include substantial factor contributions.
Who is affected
- Law enforcement officers (local and federal) facing civil actions under 42 U.S.C. 1983 and related statutes.
- Defendants in criminal cases under 18 U.S.C. 242 where death results from deprivation of rights.
- Potentially plaintiffs seeking redress for rights deprivations where death occurs, subject to the revised standards.
Procedural and Timeline Aspects
- Introduced in the 119th Congress on January 30, 2026 by Rep. Johnson (with Rep. Julie Johnson listed as a co-sponsor).
- Referred to the House Judiciary Committee for consideration.
- Action history notes introductory remarks on February 4, 2026 (CR H1989).
Impact Considerations
- Expands accountability by enlarging when conduct constitutes deprivation of rights leading to death.
- Narrows or eliminates common qualified-immunity defenses for local and federal officers, subjecting more officers to potential civil or criminal liability.
- Could affect prosecution decisions and civil litigation strategies related to police use-of-force and rights violations.
Note
- The bill uses terms and definitions tied to contemporaneous policing reform legislation, so some applicability depends on related statutory developments (e.g., George Floyd Justice in Policing Act of 2025 definitions).
Compiled from official sources — confirm details with the bill’s official record.
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