I 

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. 

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 ‘‘Justice for Victims 

5 of Lawless Cities Act of 2020’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘lawless jurisdiction’’ means a 

8 designated area in a State or political subdivision of a 


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1 State, which State or political subdivision has a statute, 

2 ordinance, policy, or practice in effect that, despite ongo3 ing danger to individuals or property, allows any entity 

4 or official of the State or political subdivision of the State 

5 to, in such designated area, purposefully— 

6 (1) refuse to provide police, fire, or emergency 

7 medical services to 1 or more individuals in the 

8 State or political subdivision of the State; or 

9 (2) abdicate the reserved powers of the State or 

10 political subdivision of the State, to be performed by 

11 non-governmental actors in a manner that is detri12 mental to the health, safety, and welfare of the citi13 zens of the State or political subdivision of the 

14 State. 

15 SEC. 3. CIVIL ACTION FOR HARM IN A LAWLESS JURISDIC16 TION. 

17 (a) PRIVATE RIGHT OF ACTION.— 

18 (1) CAUSE OF ACTION.—Any individual, or a 

19 spouse, parent, or child of such individual (if the in20 dividual is deceased or permanently incapacitated), 

21 who is the victim of a murder, rape, or any felony 

22 (as defined by the State) which occurred in a lawless 

23 jurisdiction may bring an action for compensatory 

24 damages against a State or a political subdivision of 

25 a State in the appropriate Federal or State court. 


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1 (2) BURDEN OF PROOF.—In an action under 

2 paragraph (1), the court shall find in favor of the 

3 plaintiff if the plaintiff shows by a preponderance of 

4 the evidence that the harm described in paragraph 

5 (1) occurred in a lawless jurisdiction located in the 

6 State or political subdivision of a State. 

7 (3) STATUTE OF LIMITATIONS.—An action 

8 brought under this subsection may not be brought 

9 later than 10 years after the occurrence of the 

10 crime, or death of a person as a result of such 

11 crime, whichever occurs later. 

12 (4) ATTORNEY’S FEE AND OTHER COSTS.—In 

13 any action or proceeding under this subsection the 

14 court shall allow a prevailing plaintiff a reasonable 

15 attorney’s fee as part of the costs, and include ex16 pert fees as part of the attorney’s fee. 

17 (5) RULE OF CONSTRUCTION.—In the case of 

18 an entity that is harmed as a result of a felony (as 

19 defined by the State) which occurred in a lawless ju20 risdiction, the owner of the entity may bring an ac21 tion under paragraph (1). 

22 (b) WAIVER OF IMMUNITY.— 

23 (1) IN GENERAL.—Any State or political sub24 division of a State that accepts a grant described in 

25 paragraph (2) from the Federal Government shall 


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1 agree, as a condition of receiving such grant, to 

2 waive any immunity of such State or political sub3 division relating to a civil action described in sub4 section (a). 

5 (2) GRANTS DESCRIBED.—The grants described 

6 in this paragraph are— 

7 (A) a grant for public works and economic 

8 development under section 201(a) of the Public 

9 Works and Economic Development Act of 1965 

10 (42 U.S.C. 3141(a)); 

11 (B) a grant for planning and administra12 tive expenses under section 203(a) of such Act 

13 (42 U.S.C. 3143(a)); 

14 (C) a supplemental grant under section 

15 205(b) of such Act (42 U.S.C. 3145(b)); 

16 (D) a grant for training, research, and 

17 technical assistance under section 207(a) of 

18 such Act (42 U.S.C. 3147(a)); and 

19 (E) except as provided in paragraph (3), a 

20 community development block grant made pur21 suant to title I of the Housing and Community 

22 Development Act of 1974 (42 U.S.C. 5301 et 

23 seq.). 

24 (3) EXCEPTION.—Grants described in para25 graph (2)(E) shall not include any disaster relief 


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1 grants to address the damage in an area for which 

2 the President has declared a disaster under title IV 

3 of the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5170 et seq.). 

Æ 


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