ROAD Act

The ROAD Act would add a new defense to 18 U.S.C. Chapter 2 (Crimes, Punishments, and Legal Proceedings). Specifically, it creates Sec. 40B, “Affirmative defense in a criminal or civil action; party convicted of riot.” In civil cases involving motor vehicle-related damages (personal injury, wrongful death, or property damage) where the injury or damage occurred to a participant acting in furtherance of a riot, the defendant may raise an affirmative defense that the action arose from such riot activity. This defense can be established by showing the participant was convicted of riot under 18 U.S.C. § 2101 or by proving the riot occurred by a preponderance of the evidence. If a civil action is based on this defense, the court must stay the civil case during the pendency of the related criminal action unless it finds that a conviction would not constitute a valid defense. The bill also adds Sec. 40B to the official cross-reference (analysis) for Chapter 2. In short, the bill provides a potential shield for defendants in certain motor vehicle-related civil actions if the incident occurred during a riot and the defendant (or relevant participant) has a riot conviction, and it allows courts to pause civil litigation while a related riot criminal case proceeds.