House Bill 26-020

This act eliminates qualified immunity as a defense under state law in civil actions against law enforcement officers for violations of constitutional or statutory rights. A law enforcement officer acting under color of law may be held liable for violating rights protected by the San Andreas Constitution, the United States Constitution, or state civil rights laws. The act does not alter defenses available in cases brought exclusively under federal jurisdiction and preserves ordinary civil defenses such as lack of causation, lawful justification, reasonable reliance on a warrant or court order, statutory authority, or binding judicial precedent.

This act requires courts to evaluate whether an officer's conduct was objectively reasonable under the totality of the circumstances known to the officer at the time. Officers are not liable for actions taken in good-faith reliance on binding judicial precedent or statutory authority that is later found unconstitutional. The state or employing political subdivision must generally indemnify an officer for conduct within the scope of employment unless a court finds by clear and convincing evidence that the officer acted knowingly, maliciously, or with willful disregard for constitutional or statutory rights. When indemnification is denied, an officer's personal financial liability is generally capped at $25,000 unless intentional misconduct is established.

This act also makes the employing political subdivision jointly liable for violations committed within the officer's scope of employment. Individuals injured by unlawful law enforcement conduct may bring civil actions seeking compensatory damages, injunctive relief, declaratory relief, and reasonable attorney fees and costs, while courts retain authority to award punitive damages for intentional constitutional violations. Government entities may seek contribution from individual officers when a court determines that they acted knowingly, maliciously, or with willful disregard for constitutional rights.

This act requires the Department of Law to publish annual information concerning civil actions, settlements, outcomes, and policy recommendations and authorizes model policies intended to reduce constitutional violations. Law enforcement agencies must also provide annual training on constitutional rights, de-escalation, lawful use of force, and civil liability, which courts may consider when evaluating whether an officer acted reasonably. This act was approved April 11, 2026, and is scheduled to take effect August 18, 2026.