119-hr4846

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4846 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4846

 To amend title 18, United States Code, to provide for an affirmative 
 defense in a criminal or civil action relating to motor vehicle 
 incidents if cases in which a certain party is convicted of riot.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 August 1, 2025

 Mr. Fine introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend title 18, United States Code, to provide for an affirmative 
 defense in a criminal or civil action relating to motor vehicle 
 incidents if cases in which a certain party is convicted of riot.

 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 ``Reinstating Orderly Access for 
Drivers Act'' or the ``ROAD Act''.

SEC. 2. AFFIRMATIVE DEFENSE IN A CRIMINAL OR CIVIL ACTION; PARTY 
 CONVICTED OF RIOT.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 40B. Affirmative defense in a criminal or civil action; party 
 convicted of riot
 ``

    (a) In a criminal or civil action for damages for personal 
injury, wrongful death, or property damage carried out using a motor 
vehicle, it is an affirmative defense that such action arose from an 
injury or damage sustained by a participant acting in furtherance of a 
riot. The affirmative defense authorized by this section shall be 
established by evidence that the participant has been convicted of 
violating 

section 2101, or by proof of the commission of such crime by 
a preponderance of the evidence.
 ``

    (b) In a civil action in which a defendant raises an affirmative 
defense under this section, the court shall, on motion by the 
defendant, stay the action during the pendency of a criminal action 
that forms the basis for the defense, unless the court finds that a 
conviction in the criminal action would not form a valid defense under 
this section.''.

    (b) Clerical Amendment.--The analysis for chapter 2 of title 18, 
United States Code, is amended by adding at the end the following:

``40B. Affirmative defense in a criminal or civil action; party 
 convicted of riot.''.
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