RECLAIM Act

I 116TH CONGRESS 2D SESSION H. R. 7786 To provide civil liability for injuries in law enforcement free zones, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 24, 2020 Mr. ROY (for himself and Mr. BUDD) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Com- mittee on Transportation and Infrastructure, for a period to be subse- quently 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 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 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7786 IH (1) Law enforcement officers are vital to the 1 protection and safety of communities. 2 (2) Elected officials and other senior officials 3 abuse the public’s trust and endanger their citizens 4 when they refuse to provide law enforcement services 5 to protect life and property. 6 (3) The right to life, liberty, and property are 7 ensured by the Constitution of the United States, 8 and the protection of these rights is the duty of the 9 Federal, State, and local governments. 10 (4) Many local governments have refused to 11 protect the fundamental rights described in para- 12 graph (3) by voluntarily standing down law enforce- 13 ment officers and allowing roving mobs to destroy 14 property and individual livelihoods, including in— 15 (A) Minneapolis, Minnesota, where unrest 16 and violence destroyed hundreds of buildings 17 and further eroded trust in local law enforce- 18 ment officers to devastating effect; and 19 (B) Portland, Oregon, where a mob set fire 20 to the Multnomah County Justice Center, 21 looted numerous businesses in the downtown 22 area, injured two police officers, and physically 23 assaulted multiple peaceful protestors and other 24 individuals. 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7786 IH (5) Other local governments have gone further 1 still by recognizing autonomous zones in which law 2 enforcement officers are not allowed to operate, in- 3 cluding in Seattle, Washington, where the decision of 4 the Mayor of Seattle to withdraw law enforcement 5 officers from multiple blocks of the City of Seattle 6 to create a police free ‘‘autonomous zone’’ led to sig- 7 nificant destruction of property, 4 shootings, and the 8 murder of 2 young Americans in the zone. 9 (6) Elected officials or other senior officials in 10 the State and local governments who refuse to pro- 11 tect life and property from the ravages of a riot or 12 mob behavior make their communities less safe by 13 inviting more crime and violence, and act with willful 14 disregard for the safety, comfort, and livelihoods of 15 the individuals who they refuse to protect. 16 (7) State and local governments that publicly 17 announce the withdrawal of law enforcement protec- 18 tion from individuals or geographical areas so as to 19 encourage and endorse the political and social view- 20 points of protestors or rioters erode the public’s 21 trust and fail to provide equal protection of the law. 22 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7786 IH SEC. 3. CIVIL ACTIONS FOR INJURIES IN LAW ENFORCE- 1 MENT FREE ZONES. 2 Section 1979 of the Revised Statutes (42 U.S.C. 3 1983) is amended— 4 (1) by inserting ‘‘(a)’’ before ‘‘Every person’’; 5 and 6 (2) by adding at the end the following: 7 ‘‘(b)(1) In this subsection— 8 ‘‘(A) the term ‘law enforcement free zone’— 9 ‘‘(i) means a geographical area or struc- 10 ture that law enforcement officers are lawfully 11 entitled to access but are instructed, demanded, 12 or forced— 13 ‘‘(I) not to access; or 14 ‘‘(II) to access only in exceptional cir- 15 cumstances; and 16 ‘‘(ii) does not include a geographical area 17 or structure from which law enforcement offi- 18 cers are briefly withheld as a tactical decision 19 intended to resolve safely and expeditiously a 20 specific and ongoing unlawful incident posing 21 an imminent threat to the safety of individuals 22 or law enforcement officers; and 23 ‘‘(B) the term ‘riot’ has the meaning given the 24 term in section 2102 of title 18, United States Code. 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7786 IH ‘‘(2) A person with the lawful authority to direct a 1 law enforcement agency shall be subject to treble damages 2 for a violation of subsection (a) if the violation relates to 3 the person’s use of such authority to— 4 ‘‘(A) establish or recognize, whether formally or 5 informally, a law enforcement free zone; or 6 ‘‘(B) prohibit law enforcement officers from 7 taking law enforcement action related to a riot for 8 any reason other than to prevent imminent harm to 9 the safety of law enforcement officers.’’. 10 SEC. 4. LIABILITY FOR LAW-ENFORCEMENT FREE ZONES 11 AND STANDING DOWN DURING RIOTING. 12 (a) DEFINITIONS.—In this section: 13 (1) LAW ENFORCEMENT FREE ZONE.—The 14 term ‘‘law enforcement free zone’’ has the meaning 15 given the term in subsection (b) of section 1979 of 16 the Revised Statutes (42 U.S.C. 1983), as added by 17 section 3 of this Act. 18 (2) RIOT.—The term ‘‘riot’’ has the meaning 19 given the term in section 2102 of title 18, United 20 States Code. 21 (b) LIABILITY FOR LAW ENFORCEMENT FREE 22 ZONES.— 23 (1) IN GENERAL.—A person with the lawful au- 24 thority to direct a law enforcement agency shall be 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7786 IH liable to any person who suffers severe physical in- 1 jury or death as the result of a third-party’s crimi- 2 nal conduct or whose property is substantially dam- 3 aged or destroyed as the result of a third-party’s 4 criminal conduct if— 5 (A) the person directed the law enforce- 6 ment agency to establish or recognize, whether 7 formally or informally, a law enforcement free 8 zone; 9 (B) the criminal conduct and associated 10 harm was foreseeable and occurred in the law 11 enforcement free zone; 12 (C) the law enforcement free zone created 13 an opportunity that otherwise would not have 14 existed for the third party’s crime to occur; and 15 (D) the criminal conduct affected inter- 16 state commerce as described in paragraph (2). 17 (2) AFFECTING INTERSTATE COMMERCE.—For 18 purposes of paragraph (1), criminal conduct shall be 19 considered to have affected interstate commerce if— 20 (A) the person injured by the criminal con- 21 duct traveled in interstate or foreign commerce 22 with the intent to enter the law enforcement 23 free zone; 24 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7786 IH (B) the criminal conduct is a violation of 1 a Federal criminal law; 2 (C) the person who committed the criminal 3 conduct traveled in interstate or foreign com- 4 merce, or used any facility of interstate or for- 5 eign commerce, with intent to commit the 6 crime; or 7 (D) the property damaged or destroyed by 8 the criminal conduct is used in or affecting 9 interstate or foreign commerce. 10 (c) LIABILITY FOR STANDING DOWN DURING 11 RIOTS.—A person with the lawful authority to direct a 12 law enforcement agency who uses that authority to pro- 13 hibit law enforcement officers from taking law enforce- 14 ment action that would prevent or materially mitigate sig- 15 nificant physical injury or death or damage or destruction 16 of property caused by or related to a riot for any reason 17 other than to prevent imminent harm to the safety of law 18 enforcement officers shall be liable to any person who sub- 19 sequently suffers significant physical injury or death or 20 whose property is subsequently destroyed or damaged as 21 the result of a third-party’s criminal conduct, if— 22 (1) the person injured traveled in interstate or 23 foreign commerce with the intent to enter the law 24 enforcement free zone; 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7786 IH (2) the injury was caused by an act that is a 1 violation of a Federal criminal law; 2 (3) the person who caused the injury traveled 3 in interstate or foreign commerce, or used any facil- 4 ity of interstate or foreign commerce, with intent to 5 commit the criminal conduct; or 6 (4) the property damaged or destroyed is used 7 in or affecting interstate or foreign commerce. 8 SEC. 5. ELIGIBILITY FOR LAW ENFORCEMENT GRANTS AND 9 EMERGENCY AND DISASTER FUNDING. 10 (a) BYRNE GRANT PROGRAM.—Section 501 of title 11 I of the Omnibus Crime Control and Safe Streets Act of 12 1968 (34 U.S.C. 10152) is amended by adding at the end 13 the following: 14 ‘‘(h) PROTECTION OF INDIVIDUALS AND PROP- 15 ERTY.— 16 ‘‘(1) DEFINITIONS.—In this subsection— 17 ‘‘(A) the term ‘law enforcement free zone’ 18 has the meaning given the term in section 19 1979(b) of the Revised Statutes (42 U.S.C. 20 1983(b)); and 21 ‘‘(B) the term ‘riot’ has the meaning given 22 the term in section 2102 of title 18, United 23 States Code. 24 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7786 IH ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS 1 AND PROPERTY.—Beginning in the first fiscal year 2 after the date of enactment of the RECLAIM Act, 3 a State or unit of local government that receives a 4 grant under this part shall take all reasonable steps 5 to protect individuals from physical injury and prop- 6 erty from depredation caused by unlawful acts with- 7 in the jurisdiction of the State or unit of local gov- 8 ernment, as the case may be. 9 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 10 purposes of paragraph (2), a State or unit of local 11 government shall be considered to have failed to take 12 all reasonable steps to protect individuals from phys- 13 ical injury and property from depredation only if— 14 ‘‘(A) a senior official, governing body, or 15 policy from the State or unit of local govern- 16 ment prohibits, or prohibited during the rel- 17 evant fiscal year, law enforcement officers from 18 taking law enforcement action that would pre- 19 vent or materially mitigate physical injury or 20 property depredation caused by or related to a 21 riot for any reason other than to prevent immi- 22 nent harm to the safety of law enforcement offi- 23 cers; 24 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7786 IH ‘‘(B) a senior official, governing body, or 1 policy from the State or unit of local govern- 2 ment established or recognized during the rel- 3 evant fiscal year, whether formally or infor- 4 mally, a law enforcement free zone for any rea- 5 son other than to prevent imminent harm to the 6 safety of law enforcement officers; 7 ‘‘(C) the State or unit of local government 8 has a custom or policy not to prosecute an indi- 9 vidual who engages in unlawful activity as part 10 of a riot; or 11 ‘‘(D) the State or unit of local government 12 declines to prosecute an individual who engages 13 in unlawful activity as part of a riot because 14 the unlawful activity is related to or associated 15 with expression of speech protected by the First 16 Amendment to the Constitution of the United 17 States. 18 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 19 Attorney General determines that a State or unit of 20 local government has failed to comply with this sub- 21 section, the Attorney General may reduce the 22 amount of the award for the State or unit of local 23 government under this part for the fiscal year fol- 24 lowing the determination by, the greater of— 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7786 IH ‘‘(A) 25 percent; or 1 ‘‘(B) an amount equal to twice the mone- 2 tary value of the property damaged and the 3 personal injury caused by the failure of the 4 State or unit of local government to take rea- 5 sonable steps to protect against the damage and 6 injury.’’. 7 (b) COPS GRANT PROGRAM.—Section 1701 of title 8 I of the Omnibus Crime Control and Safe Streets Act of 9 1968 (34 U.S.C. 10381) is amended by adding at the end 10 the following: 11 ‘‘(n) PROTECTION OF INDIVIDUALS AND PROP- 12 ERTY.— 13 ‘‘(1) DEFINITIONS.—In this subsection— 14 ‘‘(A) the term ‘law enforcement free zone’ 15 has the meaning given the term in section 16 1979(b) of the Revised Statutes (42 U.S.C. 17 1983(b)); and 18 ‘‘(B) the term ‘riot’ has the meaning given 19 the term in section 2102 of title 18, United 20 States Code. 21 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS 22 AND PROPERTY.—Beginning in the first fiscal year 23 after the date of enactment of the RECLAIM Act, 24 a State or unit of local government that receives a 25 VerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7786 IH grant under this section shall take all reasonable 1 steps to protect individuals from physical injury and 2 property from depredation caused by unlawful acts 3 within the jurisdiction of the State or unit of local 4 government, as the case may be. 5 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 6 purposes of paragraph (2), a State or unit of local 7 government shall be considered to have failed to take 8 all reasonable steps to protect individuals from phys- 9 ical injury and property from depredation only if— 10 ‘‘(A) a senior official, governing body, or 11 policy from the State or unit of local govern- 12 ment prohibits, or prohibited during the rel- 13 evant fiscal year, law enforcement officers from 14 taking law enforcement action that would pre- 15 vent or mat [Text truncated for display. 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