S. 4266

Restitution for Economic losses Caused by Leaders who Allow Insurrection and Mayhem Act or the RECLAIM Act

This bill provides for civil liability in certain instances against an official who recognizes a law enforcement-free zone and contains other related provisions.

The bill defines such a zone as an area that law enforcement is entitled to access but is instructed to not access or only access in exceptional circumstances, but generally does not include instances where law enforcement temporarily withholds from an area in response to an imminent threat.

An official shall be liable to a person who suffers certain physical harm or property damage from a third party's criminal act if, among other requirements, the official directed law enforcement to recognize a law enforcement-free zone and the criminal act and harm was foreseeable and occurred within the zone. An official who prohibits law enforcement from taking a law enforcement action that would prevent or mitigate physical harm or property damage related to a riot shall also be liable to a person who suffered harm or property damage caused during the riot, in certain instances.

The bill also provides for triple damages in certain instances for an individual who prevails in a civil rights lawsuit against an official who recognized a law enforcement-free zone or prohibited a law enforcement action related to a riot.

States and local government entities that receive certain law enforcement grants or disaster relief may not take certain actions such as (1) prohibiting law enforcement actions that would mitigate injuries to individuals or property from a riot, or (2) recognizing a law enforcement-free zone.