[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4266 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4266

To provide civil liability for injuries in law enforcement free zones, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2020

   Mr. Cruz introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide civil liability for injuries in law enforcement free zones, 
                        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 ``Restitution for Economic losses 
Caused by Leaders who Allow Insurrection and Mayhem Act'' or the 
``RECLAIM Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Law enforcement officers are vital to the protection 
        and safety of communities.
            (2) Elected officials and other senior officials abuse the 
        public's trust and endanger their citizens when they refuse to 
        provide law enforcement services to protect life and property.
            (3) The right to life, liberty, and property are ensured by 
        the Constitution of the United States, and the protection of 
        these rights is the duty of the Federal, State, and local 
        governments.
            (4) Many local governments have refused to protect the 
        fundamental rights described in paragraph (3) by voluntarily 
        standing down law enforcement officers and allowing roving mobs 
        to destroy property and individual livelihoods, including in--
                    (A) Minneapolis, Minnesota, where unrest and 
                violence destroyed hundreds of buildings and further 
                eroded trust in local law enforcement officers to 
                devastating effect; and
                    (B) Portland, Oregon, where a mob set fire to the 
                Multnomah County Justice Center, looted numerous 
                businesses in the downtown area, injured two police 
                officers, and physically assaulted multiple peaceful 
                protestors and other individuals.
            (5) Other local governments have gone further still by 
        recognizing autonomous zones in which law enforcement officers 
        are not allowed to operate, including in Seattle, Washington, 
        where the decision of the Mayor of Seattle to withdraw law 
        enforcement officers from multiple blocks of the City of 
        Seattle to create a police free ``autonomous zone'' led to 
        significant destruction of property, 4 shootings, and the 
        murder of 2 young Americans in the zone.
            (6) Elected officials or other senior officials in the 
        State and local governments who refuse to protect life and 
        property from the ravages of a riot or mob behavior make their 
        communities less safe by inviting more crime and violence, and 
        act with willful disregard for the safety, comfort, and 
        livelihoods of the individuals who they refuse to protect.
            (7) State and local governments that publicly announce the 
        withdrawal of law enforcement protection from individuals or 
        geographical areas so as to encourage and endorse the political 
        and social viewpoints of protestors or rioters erode the 
        public's trust and fail to provide equal protection of the law.

SEC. 3. CIVIL ACTIONS FOR INJURIES IN LAW ENFORCEMENT FREE ZONES.

    Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended--
            (1) by inserting ``(a)'' before ``Every person''; and
            (2) by adding at the end the following:
    ``(b)(1) In this subsection--
            ``(A) the term `law enforcement free zone'--
                    ``(i) means a geographical area or structure that 
                law enforcement officers are lawfully entitled to 
                access but are instructed, demanded, or forced--
                            ``(I) not to access; or
                            ``(II) to access only in exceptional 
                        circumstances; and
                    ``(ii) does not include a geographical area or 
                structure from which law enforcement officers are 
                briefly withheld as a tactical decision intended to 
                resolve safely and expeditiously a specific and ongoing 
                unlawful incident posing an imminent threat to the 
                safety of individuals or law enforcement officers; and
            ``(B) the term `riot' has the meaning given the term in 
        section 2102 of title 18, United States Code.
    ``(2) A person with the lawful authority to direct a law 
enforcement agency shall be subject to treble damages for a violation 
of subsection (a) if the violation relates to the person's use of such 
authority to--
            ``(A) establish or recognize, whether formally or 
        informally, a law enforcement free zone; or
            ``(B) prohibit law enforcement officers from taking law 
        enforcement action related to a riot for any reason other than 
        to prevent imminent harm to the safety of law enforcement 
        officers.''.

SEC. 4. LIABILITY FOR LAW-ENFORCEMENT FREE ZONES AND STANDING DOWN 
              DURING RIOTING.

    (a) Definitions.--In this section:
            (1) Law enforcement free zone.--The term ``law enforcement 
        free zone'' has the meaning given the term in subsection (b) of 
        section 1979 of the Revised Statutes (42 U.S.C. 1983), as added 
        by section 3 of this Act.
            (2) Riot.--The term ``riot'' has the meaning given the term 
        in section 2102 of title 18, United States Code.
    (b) Liability for Law Enforcement Free Zones.--
            (1) In general.--A person with the lawful authority to 
        direct a law enforcement agency shall be liable to any person 
        who suffers severe physical injury or death as the result of a 
        third-party's criminal conduct or whose property is 
        substantially damaged or destroyed as the result of a third-
        party's criminal conduct if--
                    (A) the person directed the law enforcement agency 
                to establish or recognize, whether formally or 
                informally, a law enforcement free zone;
                    (B) the criminal conduct and associated harm was 
                foreseeable and occurred in the law enforcement free 
                zone;
                    (C) the law enforcement free zone created an 
                opportunity that otherwise would not have existed for 
                the third-party's crime to occur; and
                    (D) the criminal conduct affected interstate 
                commerce as described in paragraph (2).
            (2) Affecting interstate commerce.--For purposes of 
        paragraph (1), criminal conduct shall be considered to have 
        affected interstate commerce if--
                    (A) the person injured by the criminal conduct 
                traveled in interstate or foreign commerce with the 
                intent to enter the law enforcement free zone;
                    (B) the criminal conduct is a violation of a 
                Federal criminal law;
                    (C) the person who committed the criminal conduct 
                traveled in interstate or foreign commerce, or used any 
                facility of interstate or foreign commerce, with intent 
                to commit the crime; or
                    (D) the property damaged or destroyed by the 
                criminal conduct is used in or affecting interstate or 
                foreign commerce.
    (c) Liability for Standing Down During Riots.--A person with the 
lawful authority to direct a law enforcement agency who uses that 
authority to prohibit law enforcement officers from taking law 
enforcement action that would prevent or materially mitigate 
significant physical injury or death or damage or destruction of 
property caused by or related to a riot for any reason other than to 
prevent imminent harm to the safety of law enforcement officers shall 
be liable to any person who subsequently suffers significant physical 
injury or death or whose property is subsequently destroyed or damaged 
as the result of a third-party's criminal conduct, if--
            (1) the person injured traveled in interstate or foreign 
        commerce with the intent to enter the law enforcement free 
        zone;
            (2) the injury was caused by an act that is a violation of 
        a Federal criminal law;
            (3) the person who caused the injury traveled in interstate 
        or foreign commerce, or used any facility of interstate or 
        foreign commerce, with intent to commit the criminal conduct; 
        or
            (4) the property damaged or destroyed is used in or 
        affecting interstate or foreign commerce.

SEC. 5. ELIGIBILITY FOR LAW ENFORCEMENT GRANTS AND EMERGENCY AND 
              DISASTER FUNDING.

    (a) Byrne Grant Program.--Section 501 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended 
by adding at the end the following:
    ``(h) Protection of Individuals and Property.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `law enforcement free zone' has the 
                meaning given the term in section 1979(b) of the 
                Revised Statutes (42 U.S.C. 1983(b)); and
                    ``(B) the term `riot' has the meaning given the 
                term in section 2102 of title 18, United States Code.
            ``(2) Required protection of individuals and property.--
        Beginning in the first fiscal year after the date of enactment 
        of the RECLAIM Act, a State or unit of local government that 
        receives a grant under this part shall take all reasonable 
        steps to protect individuals from physical injury and property 
        from depredation caused by unlawful acts within the 
        jurisdiction of the State or unit of local government, as the 
        case may be.
            ``(3) Failure to protect described.--For purposes of 
        paragraph (2), a State or unit of local government shall be 
        considered to have failed to take all reasonable steps to 
        protect individuals from physical injury and property from 
        depredation only if--
                    ``(A) a senior official, governing body, or policy 
                from the State or unit of local government prohibits, 
                or prohibited during the relevant fiscal year, law 
                enforcement officers from taking law enforcement action 
                that would prevent or materially mitigate physical 
                injury or property depredation caused by or related to 
                a riot for any reason other than to prevent imminent 
                harm to the safety of law enforcement officers;
                    ``(B) a senior official, governing body, or policy 
                from the State or unit of local government established 
                or recognized during the relevant fiscal year, whether 
                formally or informally, a law enforcement free zone for 
                any reason other than to prevent imminent harm to the 
                safety of law enforcement officers;
                    ``(C) the State or unit of local government has a 
                custom or policy not to prosecute an individual who 
                engages in unlawful activity as part of a riot; or
                    ``(D) the State or unit of local government 
                declines to prosecute an individual who engages in 
                unlawful activity as part of a riot because the 
                unlawful activity is related to or associated with 
                expression of speech protected by the First Amendment 
                to the Constitution of the United States.
            ``(4) Penalty for noncompliance.--If the Attorney General 
        determines that a State or unit of local government has failed 
        to comply with this subsection, the Attorney General may reduce 
        the amount of the award for the State or unit of local 
        government under this part for the fiscal year following the 
        determination by, the greater of--
                    ``(A) 25 percent; or
                    ``(B) an amount equal to twice the monetary value 
                of the property damaged and the personal injury caused 
                by the failure of the State or unit of local government 
                to take reasonable steps to protect against the damage 
                and injury.''.
    (b) COPS Grant Program.--Section 1701 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended 
by adding at the end the following:
    ``(n) Protection of Individuals and Property.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `law enforcement free zone' has the 
                meaning given the term in section 1979(b) of the 
                Revised Statutes (42 U.S.C. 1983(b)); and
                    ``(B) the term `riot' has the meaning given the 
                term in section 2102 of title 18, United States Code.
            ``(2) Required protection of individuals and property.--
        Beginning in the first fiscal year after the date of enactment 
        of the RECLAIM Act, a State or unit of local government that 
        receives a grant under this section shall take all reasonable 
        steps to protect individuals from physical injury and property 
        from depredation caused by unlawful acts within the 
        jurisdiction of the State or unit of local government, as the 
        case may be.
            ``(3) Failure to protect described.--For purposes of 
        paragraph (2), a State or unit of local government shall be 
        considered to have failed to take all reasonable steps to 
        protect individuals from physical injury and property from 
        depredation only if--
                    ``(A) a senior official, governing body, or policy 
                from the State or unit of local government prohibits, 
                or prohibited during the relevant fiscal year, law 
                enforcement officers from taking law enforcement action 
                that would prevent or materially mitigate physical 
                injury or property depredation caused by or related to 
                a riot for any reason other than to prevent imminent 
                harm to the safety of law enforcement officers;
                    ``(B) a senior official, governing body, or policy 
                from the State or unit of local government established 
                or recognized during the relevant fiscal year, whether 
                formally or informally, a law enforcement free zone for 
                any reason other than to prevent imminent harm to the 
                safety of law enforcement officers;
                    ``(C) the State or unit of local government has a 
                custom or policy not to prosecute an individual who 
                engages in unlawful activity as part of a riot; or
                    ``(D) the State or unit of local government 
                declines to prosecute an individual who engages in 
                unlawful activity as part of a riot because the 
                unlawful activity is related to or associated with 
                expression of speech protected by the First Amendment 
                to the Constitution of the United States.
            ``(4) Penalty for noncompliance.--If the Attorney General 
        determines that a State or unit of local government has failed 
        to comply with this subsection, the Attorney General may reduce 
        the amount of the award for the State or unit of local 
        government under this section for the fiscal year following the 
        determination by, the greater of--
                    ``(A) 25 percent; or
                    ``(B) an amount equal to twice the monetary value 
                of the property damaged and the personal injury caused 
                by the failure of the State or unit of local government 
                to take reasonable steps to protect against the damage 
                and injury.''.
    (c) Emergency Assistance.--Title VII of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) 
is amended by adding at the end the following:

``SEC. 707. LIMITATION ON FUNDING ELIGIBILITY.

    ``(a) Definitions.--In this section--
            ``(1) the term `law enforcement free zone' has the meaning 
        given the term in section 1979(b) of the Revised Statutes (42 
        U.S.C. 1983(b)); and
            ``(2) the term `riot' has the meaning given the term in 
        section 2102 of title 18, United States Code.
    ``(b) Required Protection of Individuals and Property.--A State or 
unit of local government shall not be eligible for any major disaster 
assistance under title IV or emergency assistance under title V under a 
major disaster or emergency declaration, respectively, relating to a 
riot or other civil unrest within the jurisdiction unless the State or 
unit of local government takes all reasonable steps to protect 
individuals from physical injury and property from depredation caused 
by unlawful acts occurring as part of the riot or unrest within the 
jurisdiction of the State or unit of local government, as the case may 
be.
    ``(c) Failure To Protect Described.--For purposes of subsection 
(b), a State or unit of local government shall be considered to have 
failed to take all reasonable steps to protect individuals from 
physical injury and property from depredation only if--
            ``(1) a senior official, governing body, or policy from the 
        State or unit of local government prohibits law enforcement 
        officers from taking law enforcement action that would prevent 
        or materially mitigate physical injury or property depredation 
        caused by or related to a riot for any reason other than to 
        prevent imminent harm to the safety of law enforcement 
        officers;
            ``(2) a senior official, governing body, or policy from the 
        State or unit of local government established or recognized, 
        whether formally or informally, a law enforcement free zone for 
        any reason other than to prevent imminent harm to the safety of 
        law enforcement officers;
            ``(3) the State or unit of local government has a custom or 
        policy not to prosecute an individual who engages in unlawful 
        activity as part of a riot; or
            ``(4) the State or unit of local government declines to 
        prosecute an individual who engages in unlawful activity as 
        part of a riot because the unlawful activity is related to or 
        associated with expression of speech protected by the First 
        Amendment to the Constitution of the United States.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to limit the eligibility of an individual or private entity 
to receive major disaster assistance under title IV or emergency 
assistance under title V.''.
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