S. 3824: State Authority to Protect Civil Rights

This bill is known as the State Authority to Protect Civil Rights. Its main purpose is to amend certain sections of federal law to allow State Attorneys General to take legal action regarding civil rights violations. Here’s a breakdown of what the bill proposes:

1. Actions by State Attorneys General

The legislation modifies existing laws concerning conspiracy against rights and deprivation of rights under color of law.

Conspiracy Against Rights

The bill revises Section 241 of Title 18 of the United States Code. The changes include:

• Replacing the current wording that specifies the need for "two or more persons" to conspire.
• Empowering State Attorneys General to initiate civil actions if they believe individuals or groups have suffered bodily harm, serious bodily injury, or death due to violations of civil rights. This action can be taken in the name of the State, on behalf of the individuals affected.

In such cases, the courts can provide relief options such as:

• Temporary, preliminary, or permanent injunctive relief.
• Compensatory or punitive damages if it is proven that the defendant acted with malice, oppression, or showed reckless disregard for the affected persons’ rights.

Deprivation of Rights Under Color of Law

The bill also updates Section 242 of Title 18 of the United States Code in a similar manner to empower State Attorneys General. Changes include:

• Removing the existing wording that starts with "Whoever."
• Allowing the Attorney General of a State to file civil actions if they have reasonable cause to believe that people are being harmed or are at risk of being harmed due to violations of rights.

This civil action can also be pursued in the name of the State for the benefit of the residents affected. Courts are similarly granted authority to award relief in these cases, including various forms of injunctive relief and damages if malice or reckless disregard is demonstrated.

Overall Impact

The bill is designed to enhance the role of State Attorneys General in protecting the civil rights of residents by giving them more power to act against violations at the state level and seek justice on behalf of their constituents.

Relevant Companies

None found.