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Code · BILL · 116th Congress · H.R. 7506 (Introduced in House) — To provide a civil remedy for individuals harmed in lawless jurisdictions, and for other purposes. · Sec. 3

Sec. 3. Civil action for harm in a lawless jurisdiction

429 words·~2 min read·/bill/116/hr/7506/ih/section-3·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State) which occurred in a lawless jurisdiction may bring an action for compensatory damages against a State or a political subdivision of a State in the appropriate Federal or State court. In an action under paragraph (1), the court shall find in favor of the plaintiff if the plaintiff shows by a preponderance of the evidence that the harm described in paragraph
(1)occurred in a lawless jurisdiction located in the State or political subdivision of a State. An action brought under this subsection may not be brought later than 10 years after the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later. In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney’s fee as part of the costs, and include expert fees as part of the attorney’s fee. In the case of an entity that is harmed as a result of a felony (as defined by the State) which occurred in a lawless jurisdiction, the owner of the entity may bring an action under paragraph (1). Any State or political subdivision of a State that accepts a grant described in paragraph
(2)from the Federal Government shall agree, as a condition of receiving such grant, to waive any immunity of such State or political subdivision relating to a civil action described in subsection (a). The grants described in this paragraph are— a grant for public works and economic development under section 201(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(a) ); a grant for planning and administrative expenses under section 203(a) of such Act ( 42 U.S.C. 3143(a) ); a supplemental grant under section 205(b) of such Act ( 42 U.S.C. 3145(b) ); a grant for training, research, and technical assistance under section 207(a) of such Act ( 42 U.S.C. 3147(a) ); and except as provided in paragraph (3), a community development block grant made pursuant to title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq.). Grants described in paragraph (2)(E) shall not include any disaster relief grants to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq.).
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Sec. 3
Civil action for harm in a lawless jurisdiction
U.S.C.§ 3141
U.S.C.§ 3143
U.S.C.§ 3145
U.S.C.§ 3147
U.S.C.§ 5301
U.S.C.§ 5170
Cites 6Cited by 0 across 0 sources
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