Highway Accident Fairness Act of 2023

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2936

 To amend title 49, United States Code, to prohibit staged collisions 
        with commercial motor vehicles, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2023

   Mr. Cuellar (for himself, Mr. Bost, and Mr. Graves of Louisiana) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to prohibit staged collisions 
        with commercial motor vehicles, 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 ``Highway Accident Fairness Act of 
2023''.

SEC. 2. PURPOSES.

    The purposes of the Act are to--
            (1) assure fair and prompt recoveries for highway accident 
        victims;
            (2) benefit society by preserving predictability and 
        stability in the movement of freight in interstate commerce and 
        lowering costs to the supply chain and, ultimately, all 
        Americans;
            (3) protect the motoring public from the safety hazard of 
        staged collisions between passenger cars and commercial motor 
        vehicles;
            (4) prevent fraudulent claims that result from staged 
        collisions;
            (5) protect law enforcement agencies and highway 
        departments from expending resources dealing with the aftermath 
        of staged collisions; and
            (6) minimize the impact of staged collisions on the supply 
        chain and the movement of goods in interstate commerce.

SEC. 3. PROHIBITION ON STAGED COLLISIONS WITH COMMERCIAL MOTOR 
              VEHICLES.

    (a) In General.--Chapter 805 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 80505. Staging of motor vehicle collisions with commercial motor 
              vehicles
    ``(a) Penalty for Staging Collision.--A person operating a motor 
vehicle who intentionally causes a collision with a commercial motor 
vehicle, as defined in section 31101, or arranges for another person to 
cause such a collision, shall be fined under title 18, imprisoned for 
not more than 20 years, or both.
    ``(b) Penalty for Staging Collision Causing Serious Bodily 
Injury.--A person operating a motor vehicle who intentionally causes a 
collision with a commercial motor vehicle, as defined in section 31132, 
that results in serious bodily injury or death to another person, or 
arranges for another person to cause such a collision, shall be fined 
under title 18, imprisoned for not less than 20 years, or both.
    ``(c) Limitation on Prosecution.--A person may not be prosecuted 
for an act under this section if the person has been convicted or 
acquitted on the merits for the same act under the laws of a State, the 
District of Columba, or a territory or possession of the United 
States.''.
    (b) Clerical Amendment.--Chapter 805 of title 49, United States 
Code, is amended by adding at the end the following:

``80505. Staging of motor vehicle collisions with commercial motor 
                            vehicles.''.

SEC. 4. FEDERAL DISTRICT COURT JURISDICTION FOR HIGHWAY ACCIDENT 
              ACTIONS AGAINST INTERSTATE MOTOR CARRIERS.

    (a) Application of Federal Jurisdiction.--Section 1332 of title 28, 
United States Code, is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e)(1) The district courts shall have original jurisdiction of 
any civil action alleging bodily harm or loss of life involving one or 
more commercial motor vehicles, as defined in section 31101 of title 
49, operating on a public road in interstate commerce, in which the 
matter in controversy exceeds the sum or value of $5,000,000, exclusive 
of interest and costs, and is a case in which--
            ``(A) any plaintiff is a citizen of a State different from 
        any defendant;
            ``(B) any plaintiff is a foreign state or a citizen or 
        subject of a foreign state and any defendant is a citizen of a 
        State; or
            ``(C) any plaintiff is a citizen of a State and any 
        defendant is a foreign state or a citizen or subject of a 
        foreign state.
    ``(2) Citizenship of plaintiffs shall be determined for purposes of 
paragraph (1) as of the date of filing of the complaint or amended 
complaint, or, if the case stated by the initial pleading is not 
subject to Federal jurisdiction, as of the date of service by 
plaintiffs of an amended pleading, motion, or other paper, indicating 
the existence of Federal jurisdiction.
    ``(3) For purposes of this subsection, an unincorporated 
association shall be deemed to be a citizen of the State where it has 
its principal place of business and the State under whose laws it is 
organized.''.

SEC. 5. THIRD-PARTY LITIGATION FUNDING DISCLOSURE IN HIGHWAY ACCIDENT 
              CASES.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Third-party litigation funding disclosure in highway 
              accident cases
    ``(a) In General.--In any civil action in State or Federal court 
alleging bodily harm or loss of life involving one or more commercial 
motor vehicles, as defined in section 31101 of title 49, operating on a 
public road in interstate commerce, counsel for plaintiff or plaintiffs 
shall--
            ``(1) disclose in writing to the court and all other named 
        parties to the action the identity of any commercial 
        enterprise, other than a plaintiff or plaintiff's counsel of 
        record, that has a right to receive payment that is contingent 
        on the receipt of monetary relief in the action by settlement, 
        judgment, or otherwise; and
            ``(2) produce for inspection and copying, except as 
        otherwise stipulated or ordered by the court, any agreement 
        creating the contingent right.
    ``(b) Timing.--The disclosure required by subsection (a) shall be 
made not later than the later of--
            ``(1) 10 days after execution of any agreement described in 
        subsection (a)(2); or
            ``(2) the time of service of the action.
    ``(c) Statutory Construction.--Nothing in this section shall be 
construed to affect the admissibility of any materials required to be 
disclosed or produced under subsection (a) as evidence in any civil 
action.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding at 
the end the following:

``1660. Third-party litigation funding disclosure in highway accident 
                            cases.''.

SEC. 6. APPLICABILITY.

    The amendments made by sections 4 and 5 shall apply with respect to 
any case pending on or commenced on or after the date of enactment of 
this Act. The amendments made by section 3 shall apply beginning on the 
date of enactment of this Act.
                                 &lt;all&gt;
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