ROAD Act
- Bill Number
- H.R. 4846
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-08-01: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-09-18T18:09:41Z
AI-Generated Summary
Summary of H.R. 4846 (119th Congress)
Purpose
This legislation amends federal criminal law to create an affirmative defense in certain motor vehicle-related lawsuits or prosecutions. The defense applies when the injured or damaged party was participating in a riot and has been convicted of that offense.
Key Provisions
- New Section Added: The bill inserts Section 40B into Chapter 2 of Title 18 of the United States Code.
- Affirmative Defense: In a criminal or civil case seeking damages for personal injury, wrongful death, or property damage caused by a motor vehicle, the defendant may claim an affirmative defense if the harm occurred to a person acting in furtherance of a riot.
- Proof Required: The defense is supported either by evidence of a conviction under Section 2101 (riot-related offenses) or by showing the riot offense occurred under a preponderance of the evidence standard.
- Civil Action Stay: In civil cases where this defense is raised, the court must pause the proceedings upon the defendant's request while a related criminal case is ongoing, unless the court determines a conviction would not support the defense.
Significant Changes to Existing Law
- Introduces a new statutory affirmative defense specifically tied to riot convictions in motor vehicle incident cases.
- Modifies procedural rules by requiring stays in civil actions pending related criminal proceedings.
- Adds a corresponding entry to the table of sections for Chapter 2 of Title 18.
Potential Impacts
- On Citizens: May alter liability outcomes for drivers involved in incidents with riot participants and for those participants themselves.
- On Government Agencies: Affects federal courts handling such cases by establishing new evidentiary and procedural standards; no direct changes to agency operations are specified.
- On International Relations: No provisions address international matters.
Main Stakeholders Affected
- Drivers and vehicle operators involved in incidents during riots.
- Individuals participating in or convicted of riot offenses.
- Plaintiffs and defendants in related civil or criminal proceedings.
- Federal courts responsible for applying the new defense and stay provisions.
Notable Legal, Constitutional, or Political Implications
- Creates a defense mechanism that shifts focus to the conduct of the injured party in riot-related motor vehicle cases.
- Establishes a lower evidentiary threshold (preponderance of the evidence) for proving the underlying riot in some instances.
- Interacts with existing riot statutes under Section 2101 without altering their definitions or penalties.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Gill, Brandon [R-TX-26], Rep. Steube, W. Gregory [R-FL-17]
Recent Actions
- 2025-08-01: Referred to the House Committee on the Judiciary.
- 2025-08-01: Introduced in House
- 2025-08-01: Introduced in House
Bill Versions
- Reinstating Orderly Access for Drivers Act — issued 2025-08-01 — PDF (3 pages)