RECLAIM Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restitution for Eco- 4 nomic losses Caused by Leaders who Allow Insurrection 5 and Mayhem Act’’ or the ‘‘RECLAIM Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 (1) Law enforcement officers are vital to the 9 protection and safety of communities. 10 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4266 IS (2) Elected officials and other senior officials 1 abuse the public’s trust and endanger their citizens 2 when they refuse to provide law enforcement services 3 to protect life and property. 4 (3) The right to life, liberty, and property are 5 ensured by the Constitution of the United States, 6 and the protection of these rights is the duty of the 7 Federal, State, and local governments. 8 (4) Many local governments have refused to 9 protect the fundamental rights described in para- 10 graph (3) by voluntarily standing down law enforce- 11 ment officers and allowing roving mobs to destroy 12 property and individual livelihoods, including in— 13 (A) Minneapolis, Minnesota, where unrest 14 and violence destroyed hundreds of buildings 15 and further eroded trust in local law enforce- 16 ment officers to devastating effect; and 17 (B) Portland, Oregon, where a mob set fire 18 to the Multnomah County Justice Center, 19 looted numerous businesses in the downtown 20 area, injured two police officers, and physically 21 assaulted multiple peaceful protestors and other 22 individuals. 23 (5) Other local governments have gone further 24 still by recognizing autonomous zones in which law 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4266 IS enforcement officers are not allowed to operate, in- 1 cluding in Seattle, Washington, where the decision of 2 the Mayor of Seattle to withdraw law enforcement 3 officers from multiple blocks of the City of Seattle 4 to create a police free ‘‘autonomous zone’’ led to sig- 5 nificant destruction of property, 4 shootings, and the 6 murder of 2 young Americans in the zone. 7 (6) Elected officials or other senior officials in 8 the State and local governments who refuse to pro- 9 tect life and property from the ravages of a riot or 10 mob behavior make their communities less safe by 11 inviting more crime and violence, and act with willful 12 disregard for the safety, comfort, and livelihoods of 13 the individuals who they refuse to protect. 14 (7) State and local governments that publicly 15 announce the withdrawal of law enforcement protec- 16 tion from individuals or geographical areas so as to 17 encourage and endorse the political and social view- 18 points of protestors or rioters erode the public’s 19 trust and fail to provide equal protection of the law. 20 SEC. 3. CIVIL ACTIONS FOR INJURIES IN LAW ENFORCE- 21 MENT FREE ZONES. 22 Section 1979 of the Revised Statutes (42 U.S.C. 23 1983) is amended— 24 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4266 IS (1) by inserting ‘‘(a)’’ before ‘‘Every person’’; 1 and 2 (2) by adding at the end the following: 3 ‘‘(b)(1) In this subsection— 4 ‘‘(A) the term ‘law enforcement free zone’— 5 ‘‘(i) means a geographical area or struc- 6 ture that law enforcement officers are lawfully 7 entitled to access but are instructed, demanded, 8 or forced— 9 ‘‘(I) not to access; or 10 ‘‘(II) to access only in exceptional cir- 11 cumstances; and 12 ‘‘(ii) does not include a geographical area 13 or structure from which law enforcement offi- 14 cers are briefly withheld as a tactical decision 15 intended to resolve safely and expeditiously a 16 specific and ongoing unlawful incident posing 17 an imminent threat to the safety of individuals 18 or law enforcement officers; and 19 ‘‘(B) the term ‘riot’ has the meaning given the 20 term in section 2102 of title 18, United States Code. 21 ‘‘(2) A person with the lawful authority to direct a 22 law enforcement agency shall be subject to treble damages 23 for a violation of subsection (a) if the violation relates to 24 the person’s use of such authority to— 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4266 IS ‘‘(A) establish or recognize, whether formally or 1 informally, a law enforcement free zone; or 2 ‘‘(B) prohibit law enforcement officers from 3 taking law enforcement action related to a riot for 4 any reason other than to prevent imminent harm to 5 the safety of law enforcement officers.’’. 6 SEC. 4. LIABILITY FOR LAW-ENFORCEMENT FREE ZONES 7 AND STANDING DOWN DURING RIOTING. 8 (a) DEFINITIONS.—In this section: 9 (1) LAW ENFORCEMENT FREE ZONE.—The 10 term ‘‘law enforcement free zone’’ has the meaning 11 given the term in subsection (b) of section 1979 of 12 the Revised Statutes (42 U.S.C. 1983), as added by 13 section 3 of this Act. 14 (2) RIOT.—The term ‘‘riot’’ has the meaning 15 given the term in section 2102 of title 18, United 16 States Code. 17 (b) LIABILITY FOR LAW ENFORCEMENT FREE 18 ZONES.— 19 (1) IN GENERAL.—A person with the lawful au- 20 thority to direct a law enforcement agency shall be 21 liable to any person who suffers severe physical in- 22 jury or death as the result of a third-party’s crimi- 23 nal conduct or whose property is substantially dam- 24 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4266 IS aged or destroyed as the result of a third-party’s 1 criminal conduct if— 2 (A) the person directed the law enforce- 3 ment agency to establish or recognize, whether 4 formally or informally, a law enforcement free 5 zone; 6 (B) the criminal conduct and associated 7 harm was foreseeable and occurred in the law 8 enforcement free zone; 9 (C) the law enforcement free zone created 10 an opportunity that otherwise would not have 11 existed for the third-party’s crime to occur; and 12 (D) the criminal conduct affected inter- 13 state commerce as described in paragraph (2). 14 (2) AFFECTING INTERSTATE COMMERCE.—For 15 purposes of paragraph (1), criminal conduct shall be 16 considered to have affected interstate commerce if— 17 (A) the person injured by the criminal con- 18 duct traveled in interstate or foreign commerce 19 with the intent to enter the law enforcement 20 free zone; 21 (B) the criminal conduct is a violation of 22 a Federal criminal law; 23 (C) the person who committed the criminal 24 conduct traveled in interstate or foreign com- 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4266 IS merce, or used any facility of interstate or for- 1 eign commerce, with intent to commit the 2 crime; or 3 (D) the property damaged or destroyed by 4 the criminal conduct is used in or affecting 5 interstate or foreign commerce. 6 (c) LIABILITY FOR STANDING DOWN DURING 7 RIOTS.—A person with the lawful authority to direct a 8 law enforcement agency who uses that authority to pro- 9 hibit law enforcement officers from taking law enforce- 10 ment action that would prevent or materially mitigate sig- 11 nificant physical injury or death or damage or destruction 12 of property caused by or related to a riot for any reason 13 other than to prevent imminent harm to the safety of law 14 enforcement officers shall be liable to any person who sub- 15 sequently suffers significant physical injury or death or 16 whose property is subsequently destroyed or damaged as 17 the result of a third-party’s criminal conduct, if— 18 (1) the person injured traveled in interstate or 19 foreign commerce with the intent to enter the law 20 enforcement free zone; 21 (2) the injury was caused by an act that is a 22 violation of a Federal criminal law; 23 (3) the person who caused the injury traveled 24 in interstate or foreign commerce, or used any facil- 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4266 IS ity of interstate or foreign commerce, with intent to 1 commit the criminal conduct; or 2 (4) the property damaged or destroyed is used 3 in or affecting interstate or foreign commerce. 4 SEC. 5. ELIGIBILITY FOR LAW ENFORCEMENT GRANTS AND 5 EMERGENCY AND DISASTER FUNDING. 6 (a) BYRNE GRANT PROGRAM.—Section 501 of title 7 I of the Omnibus Crime Control and Safe Streets Act of 8 1968 (34 U.S.C. 10152) is amended by adding at the end 9 the following: 10 ‘‘(h) PROTECTION OF INDIVIDUALS AND PROP- 11 ERTY.— 12 ‘‘(1) DEFINITIONS.—In this subsection— 13 ‘‘(A) the term ‘law enforcement free zone’ 14 has the meaning given the term in section 15 1979(b) of the Revised Statutes (42 U.S.C. 16 1983(b)); and 17 ‘‘(B) the term ‘riot’ has the meaning given 18 the term in section 2102 of title 18, United 19 States Code. 20 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS 21 AND PROPERTY.—Beginning in the first fiscal year 22 after the date of enactment of the RECLAIM Act, 23 a State or unit of local government that receives a 24 grant under this part shall take all reasonable steps 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4266 IS to protect individuals from physical injury and prop- 1 erty from depredation caused by unlawful acts with- 2 in the jurisdiction of the State or unit of local gov- 3 ernment, as the case may be. 4 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 5 purposes of paragraph (2), a State or unit of local 6 government shall be considered to have failed to take 7 all reasonable steps to protect individuals from phys- 8 ical injury and property from depredation only if— 9 ‘‘(A) a senior official, governing body, or 10 policy from the State or unit of local govern- 11 ment prohibits, or prohibited during the rel- 12 evant fiscal year, law enforcement officers from 13 taking law enforcement action that would pre- 14 vent or materially mitigate physical injury or 15 property depredation caused by or related to a 16 riot for any reason other than to prevent immi- 17 nent harm to the safety of law enforcement offi- 18 cers; 19 ‘‘(B) a senior official, governing body, or 20 policy from the State or unit of local govern- 21 ment established or recognized during the rel- 22 evant fiscal year, whether formally or infor- 23 mally, a law enforcement free zone for any rea- 24 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4266 IS son other than to prevent imminent harm to the 1 safety of law enforcement officers; 2 ‘‘(C) the State or unit of local government 3 has a custom or policy not to prosecute an indi- 4 vidual who engages in unlawful activity as part 5 of a riot; or 6 ‘‘(D) the State or unit of local government 7 declines to prosecute an individual who engages 8 in unlawful activity as part of a riot because 9 the unlawful activity is related to or associated 10 with expression of speech protected by the First 11 Amendment to the Constitution of the United 12 States. 13 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 14 Attorney General determines that a State or unit of 15 local government has failed to comply with this sub- 16 section, the Attorney General may reduce the 17 amount of the award for the State or unit of local 18 government under this part for the fiscal year fol- 19 lowing the determination by, the greater of— 20 ‘‘(A) 25 percent; or 21 ‘‘(B) an amount equal to twice the mone- 22 tary value of the property damaged and the 23 personal injury caused by the failure of the 24 State or unit of local government to take rea- 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4266 IS sonable steps to protect against the damage and 1 injury.’’. 2 (b) COPS GRANT PROGRAM.—Section 1701 of title 3 I of the Omnibus Crime Control and Safe Streets Act of 4 1968 (34 U.S.C. 10381) is amended by adding at the end 5 the following: 6 ‘‘(n) PROTECTION OF INDIVIDUALS AND PROP- 7 ERTY.— 8 ‘‘(1) DEFINITIONS.—In this subsection— 9 ‘‘(A) the term ‘law enforcement free zone’ 10 has the meaning given the term in section 11 1979(b) of the Revised Statutes (42 U.S.C. 12 1983(b)); and 13 ‘‘(B) the term ‘riot’ has the meaning given 14 the term in section 2102 of title 18, United 15 States Code. 16 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS 17 AND PROPERTY.—Beginning in the first fiscal year 18 after the date of enactment of the RECLAIM Act, 19 a State or unit of local government that receives a 20 grant under this section shall take all reasonable 21 steps to protect individuals from physical injury and 22 property from depredation caused by unlawful acts 23 within the jurisdiction of the State or unit of local 24 government, as the case may be. 25 VerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4266 IS ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 1 purposes of paragraph (2), a State or unit of local 2 government shall be considered to have failed to take 3 all reasonable steps to protect individuals from phys- 4 ical injury and property from depredation only if— 5 ‘‘(A) a senior official, governing body, or 6 policy from the State or unit of local govern- 7 ment prohibits, or prohibited during the rel- 8 evant fiscal year, law enforcement officers from 9 taking law enforcement action that would pre- 10 vent or materially mitigate physical injury or 11 property depredation caused by or related to a 12 riot for any reason other than to prevent immi- 13 nent harm to the safety of law enforcement offi- 14 cers; 15 ‘‘(B) a senior official, governing body, or 16 policy from the [Text truncated for display. Full text available on Congress.gov.]