,,ii  #aaith ,,congress  #ast ,session  
,s4 #abb  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #af1       
#bjbe,mr4 ,banks 7for himself1 ,mr4     
,budd1 ,mr4 ,scott of ,florida1 ,mrs4   
,blackburn1 ,mr4 ,sheehy1 ,mr4 ,crapo1  
,mrs4 ,hyde-,smith1 ,mr4 ,mullin1 and   
,mr4 ,risch7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend the ,revised ,statutes
 to codify the defense of qualified     
immunity in the case of any action under
 section #aigi1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,qualified ,immunity ,act of    
#bjbe4  #b4 ,findings ,congress finds   
the following3 7#a7 ,qualified immunity 
is intended for all but the plainly     
incompetent or those who knowingly      
violate the law and is meant to give    
government officials breathing room to  
make reasonable mistakes of fact and    
law4  7#b7 ,the ,supreme ,court of the  
,united ,states has observed that       

qualified immunity balances #b important
 interests3 ,the need to hold law       
enforcement officers accountable when   
they exercise power irresponsibly and   
the need to shield officers from        
harassment1 distraction1 and liability  
when they perform their duties          
reasonably4  #c4 ,codification of       
qualified immunity  7a7 ,in general     
,section #aigi of the ,revised ,statutes
 7#db ,u4,s4,c4 #aihc7 is amended-- 7#a7
 by striking ,every and inserting 7a7   
,in general--,every2 and  7#b7 by adding
 at the end the following3  7b7         
,applicability to law enforcement       
officers  7#a7 ,definitions ,in this    
subsection3 7,a7 ,law enforcement agency
 ,the term law enforcement agency means 
any ,federal1 ,state1 ,tribal1 or local 
public agency-- 7i7 engaged in          
supervision1 prevention1 detection1     
investigation1 or the incarceration of  
any person for any violation of law2 and
  7ii7 that has the statutory powers of 
arrest or apprehension4  7,b7 ,law      

enforcement officer ,the term law       
enforcement officer-- 7i7 means any     
,federal1 ,state1 ,tribal1 or local     
official who-- 7,i7 is authorized by law
 to engage in or supervise the          
prevention1 detection1 investigation1 or
 the incarceration of any person for any
 violation of law2 and  7,,ii7 has the  
statutory powers of arrest or           
apprehension2 and  7ii7 includes police 
officers and other agents of a law      
enforcement agency4  7#b7 ,no liability 
7,a7 ,law enforcement officers ,a law   
enforcement officer subject to an action
 under this section in their individual 
capacity shall not be found liable if   
such law enforcement officer establishes
 that-- 7i7 the right1 privilege1 or    
immunity secured by the ,constitution or
 ,federal law was not clearly           
established at the time of their        
deprivation by the law enforcement      
officer1 or that at this time1 the state
 of the law was not sufficiently clear  
that any reasonable law enforcement     

officer would have understood that the  
conduct alleged constituted a violation 
of the ,constitution or ,federal law2 or
  7ii7 a court of competent jurisdiction
 had issued a final decision on the     
merits holding1 without reversal1       
vacatur1 or preemption1 that the        
specific conduct alleged to be unlawful 
was consistent with the ,constitution   
and ,federal laws4  7,b7 ,law           
enforcement agencies and units of local 
government ,a law enforcement agency or 
unit of local government who employed a 
law enforcement officer subject to an   
action under subsection 7a71 shall not  
be liable for such action if the law    
enforcement officer-- 7i7 is found not  
liable under paragraph 7#a72 and  7ii7  
was acting within the scope of their    
employment4  4  7b7 ,effective date ,the
 amendments made under subsection 7a7   
shall take effect on the date that is   
#ahj days after the date of enactment of
 this ,act4