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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restitution for Eco5 nomic losses Caused by Leaders who Allow Insurrection 

6 and Mayhem Act’’ or the ‘‘RECLAIM Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) Law enforcement officers are vital to the 

10 protection and safety of communities. 


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1 (2) Elected officials and other senior officials 

2 abuse the public’s trust and endanger their citizens 

3 when they refuse to provide law enforcement services 

4 to protect life and property. 

5 (3) The right to life, liberty, and property are 

6 ensured by the Constitution of the United States, 

7 and the protection of these rights is the duty of the 

8 Federal, State, and local governments. 

9 (4) Many local governments have refused to 

10 protect the fundamental rights described in para11 graph (3) by voluntarily standing down law enforce12 ment officers and allowing roving mobs to destroy 

13 property and individual livelihoods, including in— 

14 (A) Minneapolis, Minnesota, where unrest 

15 and violence destroyed hundreds of buildings 

16 and further eroded trust in local law enforce17 ment officers to devastating effect; and 

18 (B) Portland, Oregon, where a mob set fire 

19 to the Multnomah County Justice Center, 

20 looted numerous businesses in the downtown 

21 area, injured two police officers, and physically 

22 assaulted multiple peaceful protestors and other 

23 individuals. 

24 (5) Other local governments have gone further 

25 still by recognizing autonomous zones in which law 


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1 enforcement officers are not allowed to operate, in2 cluding in Seattle, Washington, where the decision of 

3 the Mayor of Seattle to withdraw law enforcement 

4 officers from multiple blocks of the City of Seattle 

5 to create a police free ‘‘autonomous zone’’ led to sig6 nificant destruction of property, 4 shootings, and the 

7 murder of 2 young Americans in the zone. 

8 (6) Elected officials or other senior officials in 

9 the State and local governments who refuse to pro10 tect life and property from the ravages of a riot or 

11 mob behavior make their communities less safe by 

12 inviting more crime and violence, and act with willful 

13 disregard for the safety, comfort, and livelihoods of 

14 the individuals who they refuse to protect. 

15 (7) State and local governments that publicly 

16 announce the withdrawal of law enforcement protec17 tion from individuals or geographical areas so as to 

18 encourage and endorse the political and social view19 points of protestors or rioters erode the public’s 

20 trust and fail to provide equal protection of the law. 

21 SEC. 3. CIVIL ACTIONS FOR INJURIES IN LAW ENFORCE22 MENT FREE ZONES. 

23 Section 1979 of the Revised Statutes (42 U.S.C. 

24 1983) is amended— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘Every person’’; 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(b)(1) In this subsection— 

5 ‘‘(A) the term ‘law enforcement free zone’— 

6 ‘‘(i) means a geographical area or struc7 ture that law enforcement officers are lawfully 

8 entitled to access but are instructed, demanded, 

9 or forced— 

10 ‘‘(I) not to access; or 

11 ‘‘(II) to access only in exceptional cir12 cumstances; and 

13 ‘‘(ii) does not include a geographical area 

14 or structure from which law enforcement offi15 cers are briefly withheld as a tactical decision 

16 intended to resolve safely and expeditiously a 

17 specific and ongoing unlawful incident posing 

18 an imminent threat to the safety of individuals 

19 or law enforcement officers; and 

20 ‘‘(B) the term ‘riot’ has the meaning given the 

21 term in section 2102 of title 18, United States Code. 

22 ‘‘(2) A person with the lawful authority to direct a 

23 law enforcement agency shall be subject to treble damages 

24 for a violation of subsection (a) if the violation relates to 

25 the person’s use of such authority to— 


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1 ‘‘(A) establish or recognize, whether formally or 

2 informally, a law enforcement free zone; or 

3 ‘‘(B) prohibit law enforcement officers from 

4 taking law enforcement action related to a riot for 

5 any reason other than to prevent imminent harm to 

6 the safety of law enforcement officers.’’. 

7 SEC. 4. LIABILITY FOR LAW-ENFORCEMENT FREE ZONES 

8 AND STANDING DOWN DURING RIOTING. 

9 (a) DEFINITIONS.—In this section: 

10 (1) LAW ENFORCEMENT FREE ZONE.—The 

11 term ‘‘law enforcement free zone’’ has the meaning 

12 given the term in subsection (b) of section 1979 of 

13 the Revised Statutes (42 U.S.C. 1983), as added by 

14 section 3 of this Act. 

15 (2) RIOT.—The term ‘‘riot’’ has the meaning 

16 given the term in section 2102 of title 18, United 

17 States Code. 

18 (b) LIABILITY FOR LAW ENFORCEMENT FREE

19 ZONES.— 

20 (1) IN GENERAL.—A person with the lawful au21 thority to direct a law enforcement agency shall be 

22 liable to any person who suffers severe physical in23 jury or death as the result of a third-party’s crimi24 nal conduct or whose property is substantially damVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 aged or destroyed as the result of a third-party’s 

2 criminal conduct if— 

3 (A) the person directed the law enforce4 ment agency to establish or recognize, whether 

5 formally or informally, a law enforcement free 

6 zone; 

7 (B) the criminal conduct and associated 

8 harm was foreseeable and occurred in the law 

9 enforcement free zone; 

10 (C) the law enforcement free zone created 

11 an opportunity that otherwise would not have 

12 existed for the third-party’s crime to occur; and 

13 (D) the criminal conduct affected inter14 state commerce as described in paragraph (2). 

15 (2) AFFECTING INTERSTATE COMMERCE.—For 

16 purposes of paragraph (1), criminal conduct shall be 

17 considered to have affected interstate commerce if— 

18 (A) the person injured by the criminal con19 duct traveled in interstate or foreign commerce 

20 with the intent to enter the law enforcement 

21 free zone; 

22 (B) the criminal conduct is a violation of 

23 a Federal criminal law; 

24 (C) the person who committed the criminal 

25 conduct traveled in interstate or foreign comVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 merce, or used any facility of interstate or for2 eign commerce, with intent to commit the 

3 crime; or 

4 (D) the property damaged or destroyed by 

5 the criminal conduct is used in or affecting 

6 interstate or foreign commerce. 

7 (c) LIABILITY FOR STANDING DOWN DURING

8 RIOTS.—A person with the lawful authority to direct a 

9 law enforcement agency who uses that authority to pro10 hibit law enforcement officers from taking law enforce11 ment action that would prevent or materially mitigate sig12 nificant physical injury or death or damage or destruction 

13 of property caused by or related to a riot for any reason 

14 other than to prevent imminent harm to the safety of law 

15 enforcement officers shall be liable to any person who sub16 sequently suffers significant physical injury or death or 

17 whose property is subsequently destroyed or damaged as 

18 the result of a third-party’s criminal conduct, if— 

19 (1) the person injured traveled in interstate or 

20 foreign commerce with the intent to enter the law 

21 enforcement free zone; 

22 (2) the injury was caused by an act that is a 

23 violation of a Federal criminal law; 

24 (3) the person who caused the injury traveled 

25 in interstate or foreign commerce, or used any facilVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 ity of interstate or foreign commerce, with intent to 

2 commit the criminal conduct; or 

3 (4) the property damaged or destroyed is used 

4 in or affecting interstate or foreign commerce. 

5 SEC. 5. ELIGIBILITY FOR LAW ENFORCEMENT GRANTS AND 

6 EMERGENCY AND DISASTER FUNDING. 

7 (a) BYRNE GRANT PROGRAM.—Section 501 of title 

8 I of the Omnibus Crime Control and Safe Streets Act of 

9 1968 (34 U.S.C. 10152) is amended by adding at the end 

10 the following: 

11 ‘‘(h) PROTECTION OF INDIVIDUALS AND PROP12 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 grant under this part shall take all reasonable steps 


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1 to protect individuals from physical injury and prop2 erty from depredation caused by unlawful acts with3 in the jurisdiction of the State or unit of local gov4 ernment, 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 phys9 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 govern12 ment prohibits, or prohibited during the rel13 evant fiscal year, law enforcement officers from 

14 taking law enforcement action that would pre15 vent or materially mitigate physical injury or 

16 property depredation caused by or related to a 

17 riot for any reason other than to prevent immi18 nent harm to the safety of law enforcement offi19 cers; 

20 ‘‘(B) a senior official, governing body, or 

21 policy from the State or unit of local govern22 ment established or recognized during the rel23 evant fiscal year, whether formally or infor24 mally, a law enforcement free zone for any reaVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 son other than to prevent imminent harm to the 

2 safety of law enforcement officers; 

3 ‘‘(C) the State or unit of local government 

4 has a custom or policy not to prosecute an indi5 vidual who engages in unlawful activity as part 

6 of a riot; or 

7 ‘‘(D) the State or unit of local government 

8 declines to prosecute an individual who engages 

9 in unlawful activity as part of a riot because 

10 the unlawful activity is related to or associated 

11 with expression of speech protected by the First 

12 Amendment to the Constitution of the United 

13 States. 

14 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 

15 Attorney General determines that a State or unit of 

16 local government has failed to comply with this sub17 section, the Attorney General may reduce the 

18 amount of the award for the State or unit of local 

19 government under this part for the fiscal year fol20 lowing the determination by, the greater of— 

21 ‘‘(A) 25 percent; or 

22 ‘‘(B) an amount equal to twice the mone23 tary value of the property damaged and the 

24 personal injury caused by the failure of the 

25 State or unit of local government to take reaVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 sonable steps to protect against the damage and 

2 injury.’’. 

3 (b) COPS GRANT PROGRAM.—Section 1701 of title 

4 I of the Omnibus Crime Control and Safe Streets Act of 

5 1968 (34 U.S.C. 10381) is amended by adding at the end 

6 the following: 

7 ‘‘(n) PROTECTION OF INDIVIDUALS AND PROP8 ERTY.— 

9 ‘‘(1) DEFINITIONS.—In this subsection— 

10 ‘‘(A) the term ‘law enforcement free zone’ 

11 has the meaning given the term in section 

12 1979(b) of the Revised Statutes (42 U.S.C. 

13 1983(b)); and 

14 ‘‘(B) the term ‘riot’ has the meaning given 

15 the term in section 2102 of title 18, United 

16 States Code. 

17 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS

18 AND PROPERTY.—Beginning in the first fiscal year 

19 after the date of enactment of the RECLAIM Act, 

20 a State or unit of local government that receives a 

21 grant under this section shall take all reasonable 

22 steps to protect individuals from physical injury and 

23 property from depredation caused by unlawful acts 

24 within the jurisdiction of the State or unit of local 

25 government, as the case may be. 


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1 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 

2 purposes of paragraph (2), a State or unit of local 

3 government shall be considered to have failed to take 

4 all reasonable steps to protect individuals from phys5 ical injury and property from depredation only if— 

6 ‘‘(A) a senior official, governing body, or 

7 policy from the State or unit of local govern8 ment prohibits, or prohibited during the rel9 evant fiscal year, law enforcement officers from 

10 taking law enforcement action that would pre11 vent or materially mitigate physical injury or 

12 property depredation caused by or related to a 

13 riot for any reason other than to prevent immi14 nent harm to the safety of law enforcement offi15 cers; 

16 ‘‘(B) a senior official, governing body, or 

17 policy from the State or unit of local govern18 ment established or recognized during the rel19 evant fiscal year, whether formally or infor20 mally, a law enforcement free zone for any rea21 son other than to prevent imminent harm to the 

22 safety of law enforcement officers; 

23 ‘‘(C) the State or unit of local government 

24 has a custom or policy not to prosecute an indiVerDate Sep 11 2014 05:31 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4266.IS S4266

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1 vidual who engages in unlawful activity as part 

2 of a riot; or 

3 ‘‘(D) the State or unit of local government 

4 declines to prosecute an individual who engages 

5 in unlawful activity as part of a riot because 

6 the unlawful activity is related to or associated 

7 with expression of speech protected by the First 

8 Amendment to the Constitution of the United 

9 States. 

10 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 

11 Attorney General determines that a State or unit of 

12 local government has failed to comply with this sub13 section, the Attorney General may reduce the 

14 amount of the award for the State or unit of local 

15 government under this section for the fiscal year fol16 lowing the determination by, the greater of— 

17 ‘‘(A) 25 percent; or 

18 ‘‘(B) an amount equal to twice the mone19 tary value of the property damaged and the 

20 personal injury caused by the failure of the 

21 State or unit of local government to take rea22 sonable steps to protect against the damage and 

23 injury.’’. 

24 (c) EMERGENCY ASSISTANCE.—Title VII of the Rob25 ert T. Stafford Disaster Relief and Emergency Assistance 


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1 Act (42 U.S.C. 5201 et seq.) is amended by adding at 

2 the end the following: 

3 ‘‘SEC. 707. LIMITATION ON FUNDING ELIGIBILITY. 

4 ‘‘(a) DEFINITIONS.—In this section— 

5 ‘‘(1) the term ‘law enforcement free zone’ has 

6 the meaning given the term in section 1979(b) of 

7 the Revised Statutes (42 U.S.C. 1983(b)); and 

8 ‘‘(2) the term ‘riot’ has the meaning given the 

9 term in section 2102 of title 18, United States Code. 

10 ‘‘(b) REQUIRED PROTECTION OF INDIVIDUALS AND

11 PROPERTY.—A State or unit of local government shall not 

12 be eligible for any major disaster assistance under title 

13 IV or emergency assistance under title V under a major 

14 disaster or emergency declaration, respectively, relating to 

15 a riot or other civil unrest within the jurisdiction unless 

16 the State or unit of local government takes all reasonable 

17 steps to protect individuals from physical injury and prop18 erty from depredation caused by unlawful acts occurring 

19 as part of the riot or unrest within the jurisdiction of the 

20 State or unit of local government, as the case may be. 

21 ‘‘(c) FAILURE TO PROTECT DESCRIBED.—For pur22 poses of subsection (b), a State or unit of local government 

23 shall be considered to have failed to take all reasonable 

24 steps to protect individuals from physical injury and prop25 erty from depredation only if— 


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1 ‘‘(1) a senior official, governing body, or policy 

2 from the State or unit of local government prohibits 

3 law enforcement officers from taking law enforce4 ment action that would prevent or materially miti5 gate physical injury or property depredation caused 

6 by or related to a riot for any reason other than to 

7 prevent imminent harm to the safety of law enforce8 ment officers; 

9 ‘‘(2) a senior official, governing body, or policy 

10 from the State or unit of local government estab11 lished or recognized, whether formally or informally, 

12 a law enforcement free zone for any reason other 

13 than to prevent imminent harm to the safety of law 

14 enforcement officers; 

15 ‘‘(3) the State or unit of local government has 

16 a custom or policy not to prosecute an individual 

17 who engages in unlawful activity as part of a riot; 

18 or 

19 ‘‘(4) the State or unit of local government de20 clines to prosecute an individual who engages in un21 lawful activity as part of a riot because the unlawful 

22 activity is related to or associated with expression of 

23 speech protected by the First Amendment to the 

24 Constitution of the United States. 


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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to limit the eligibility of an indi3 vidual or private entity to receive major disaster assistance 

4 under title IV or emergency assistance under title V.’’. 

Æ 


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