[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7506 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7506

      To provide a civil remedy for individuals harmed in lawless 
                 jurisdictions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

Mr. Budd (for himself and Mr. Roy) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
    Committees on Transportation and Infrastructure, and Financial 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To provide a civil remedy for individuals harmed in lawless 
                 jurisdictions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Victims of Lawless 
Cities Act of 2020''.

SEC. 2. DEFINITION.

    In this Act, the term ``lawless jurisdiction'' means a designated 
area in a State or political subdivision of a State, which State or 
political subdivision has a statute, ordinance, policy, or practice in 
effect that, despite ongoing danger to individuals or property, allows 
any entity or official of the State or political subdivision of the 
State to, in such designated area, purposefully--
            (1) refuse to provide police, fire, or emergency medical 
        services to 1 or more individuals in the State or political 
        subdivision of the State; or
            (2) abdicate the reserved powers of the State or political 
        subdivision of the State, to be performed by non-governmental 
        actors in a manner that is detrimental to the health, safety, 
        and welfare of the citizens of the State or political 
        subdivision of the State.

SEC. 3. CIVIL ACTION FOR HARM IN A LAWLESS JURISDICTION.

    (a) Private Right of Action.--
            (1) Cause of action.--Any individual, or a spouse, parent, 
        or child of such individual (if the individual is deceased or 
        permanently incapacitated), who is the victim of a murder, 
        rape, or any felony (as defined by the State) which occurred in 
        a lawless jurisdiction may bring an action for compensatory 
        damages against a State or a political subdivision of a State 
        in the appropriate Federal or State court.
            (2) Burden of proof.--In an action under paragraph (1), the 
        court shall find in favor of the plaintiff if the plaintiff 
        shows by a preponderance of the evidence that the harm 
        described in paragraph (1) occurred in a lawless jurisdiction 
        located in the State or political subdivision of a State.
            (3) Statute of limitations.--An action brought under this 
        subsection may not be brought later than 10 years after the 
        occurrence of the crime, or death of a person as a result of 
        such crime, whichever occurs later.
            (4) Attorney's fee and other costs.--In any action or 
        proceeding under this subsection the court shall allow a 
        prevailing plaintiff a reasonable attorney's fee as part of the 
        costs, and include expert fees as part of the attorney's fee.
            (5) Rule of construction.--In the case of an entity that is 
        harmed as a result of a felony (as defined by the State) which 
        occurred in a lawless jurisdiction, the owner of the entity may 
        bring an action under paragraph (1).
    (b) Waiver of Immunity.--
            (1) In general.--Any State or political subdivision of a 
        State that accepts a grant described in paragraph (2) from the 
        Federal Government shall agree, as a condition of receiving 
        such grant, to waive any immunity of such State or political 
        subdivision relating to a civil action described in subsection 
        (a).
            (2) Grants described.--The grants described in this 
        paragraph are--
                    (A) a grant for public works and economic 
                development under section 201(a) of the Public Works 
                and Economic Development Act of 1965 (42 U.S.C. 
                3141(a));
                    (B) a grant for planning and administrative 
                expenses under section 203(a) of such Act (42 U.S.C. 
                3143(a));
                    (C) a supplemental grant under section 205(b) of 
                such Act (42 U.S.C. 3145(b));
                    (D) a grant for training, research, and technical 
                assistance under section 207(a) of such Act (42 U.S.C. 
                3147(a)); and
                    (E) except as provided in paragraph (3), a 
                community development block grant made pursuant to 
                title I of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5301 et seq.).
            (3) Exception.--Grants described in paragraph (2)(E) shall 
        not include any disaster relief grants to address the damage in 
        an area for which the President has declared a disaster under 
        title IV of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170 et seq.).
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