Sec. 4. Liability for law-enforcement free zones and standing down during rioting
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In this section: The term law enforcement free zone has the meaning given the term in subsection
(b)of section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ), as added by section 3 of this Act. The term riot has the meaning given the term in section 2102 of title 18, United States Code. A person with the lawful authority to direct a law enforcement agency shall be liable to any person who suffers severe physical injury or death as the result of a third-party’s criminal conduct or whose property is substantially damaged or destroyed as the result of a third-party’s criminal conduct if— the person directed the law enforcement agency to establish or recognize, whether formally or informally, a law enforcement free zone; the criminal conduct and associated harm was foreseeable and occurred in the law enforcement free zone; the law enforcement free zone created an opportunity that otherwise would not have existed for the third-party’s crime to occur; and the criminal conduct affected interstate commerce as described in paragraph (2). For purposes of paragraph (1), criminal conduct shall be considered to have affected interstate commerce if— the person injured by the criminal conduct traveled in interstate or foreign commerce with the intent to enter the law enforcement free zone; the criminal conduct is a violation of a Federal criminal law; the person who committed the criminal conduct traveled in interstate or foreign commerce, or used any facility of interstate or foreign commerce, with intent to commit the crime; or the property damaged or destroyed by the criminal conduct is used in or affecting interstate or foreign commerce. A person with the lawful authority to direct a law enforcement agency who uses that authority to prohibit law enforcement officers from taking law enforcement action that would prevent or materially mitigate significant physical injury or death or damage or destruction of property caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers shall be liable to any person who subsequently suffers significant physical injury or death or whose property is subsequently destroyed or damaged as the result of a third-party’s criminal conduct, if— the person injured traveled in interstate or foreign commerce with the intent to enter the law enforcement free zone; the injury was caused by an act that is a violation of a Federal criminal law; the person who caused the injury traveled in interstate or foreign commerce, or used any facility of interstate or foreign commerce, with intent to commit the criminal conduct; or the property damaged or destroyed is used in or affecting interstate or foreign commerce.
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Sec. 4
Liability for law-enforcement free zones and standing down during rioting
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