Highway Accident Fairness Act of 2023
This bill makes staging a collision with a commercial motor vehicle a federal crime and modifies legal procedures for suits arising from commercial motor vehicle accidents.
A person who is operating a motor vehicle and intentionally causes a collision with a commercial motor vehicle (or arranges for another person to cause such a collision) is subject to a fine, a prison term of up to 20 years, or both. If the collision results in serious bodily injury or death, the prison term may not be less than 20 years.
With respect to legal procedures, the bill requires a plaintiff, in a suit in state or federal court concerning a bodily injury or death that involves one or more commercial motor vehicles, to disclose the identity of any commercial enterprise (other than the plaintiff or the plaintiff's attorney) that has the right to receive a portion of the plaintiff's recovery (e.g., commercial enterprises that are financing the litigation in exchange for a portion of the recovery). The bill also grants federal courts jurisdiction over such actions in certain cases where damages exceed $5 million. These provisions apply to any case pending on, or commenced on or after, the date of the bill's enactment.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2936
To amend title 49, United States Code, to prohibit staged collisions
with commercial motor vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Cuellar (for himself, Mr. Bost, and Mr. Graves of Louisiana)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to prohibit staged collisions
with commercial motor vehicles, and for other purposes.
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 ``Highway Accident Fairness Act of
2023''.
SEC. 2. PURPOSES.
The purposes of the Act are to--
(1) assure fair and prompt recoveries for highway accident
victims;
(2) benefit society by preserving predictability and
stability in the movement of freight in interstate commerce and
lowering costs to the supply chain and, ultimately, all
Americans;
(3) protect the motoring public from the safety hazard of
staged collisions between passenger cars and commercial motor
vehicles;
(4) prevent fraudulent claims that result from staged
collisions;
(5) protect law enforcement agencies and highway
departments from expending resources dealing with the aftermath
of staged collisions; and
(6) minimize the impact of staged collisions on the supply
chain and the movement of goods in interstate commerce.
SEC. 3. PROHIBITION ON STAGED COLLISIONS WITH COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Chapter 805 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 80505. Staging of motor vehicle collisions with commercial motor
vehicles
``(a) Penalty for Staging Collision.--A person operating a motor
vehicle who intentionally causes a collision with a commercial motor
vehicle, as defined in section 31101, or arranges for another person to
cause such a collision, shall be fined under title 18, imprisoned for
not more than 20 years, or both.
``(b) Penalty for Staging Collision Causing Serious Bodily
Injury.--A person operating a motor vehicle who intentionally causes a
collision with a commercial motor vehicle, as defined in section 31132,
that results in serious bodily injury or death to another person, or
arranges for another person to cause such a collision, shall be fined
under title 18, imprisoned for not less than 20 years, or both.
``(c) Limitation on Prosecution.--A person may not be prosecuted
for an act under this section if the person has been convicted or
acquitted on the merits for the same act under the laws of a State, the
District of Columba, or a territory or possession of the United
States.''.
(b) Clerical Amendment.--Chapter 805 of title 49, United States
Code, is amended by adding at the end the following:
``80505. Staging of motor vehicle collisions with commercial motor
vehicles.''.
SEC. 4. FEDERAL DISTRICT COURT JURISDICTION FOR HIGHWAY ACCIDENT
ACTIONS AGAINST INTERSTATE MOTOR CARRIERS.
(a) Application of Federal Jurisdiction.--Section 1332 of title 28,
United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e)(1) The district courts shall have original jurisdiction of
any civil action alleging bodily harm or loss of life involving one or
more commercial motor vehicles, as defined in section 31101 of title
49, operating on a public road in interstate commerce, in which the
matter in controversy exceeds the sum or value of $5,000,000, exclusive
of interest and costs, and is a case in which--
``(A) any plaintiff is a citizen of a State different from
any defendant;
``(B) any plaintiff is a foreign state or a citizen or
subject of a foreign state and any defendant is a citizen of a
State; or
``(C) any plaintiff is a citizen of a State and any
defendant is a foreign state or a citizen or subject of a
foreign state.
``(2) Citizenship of plaintiffs shall be determined for purposes of
paragraph (1) as of the date of filing of the complaint or amended
complaint, or, if the case stated by the initial pleading is not
subject to Federal jurisdiction, as of the date of service by
plaintiffs of an amended pleading, motion, or other paper, indicating
the existence of Federal jurisdiction.
``(3) For purposes of this subsection, an unincorporated
association shall be deemed to be a citizen of the State where it has
its principal place of business and the State under whose laws it is
organized.''.
SEC. 5. THIRD-PARTY LITIGATION FUNDING DISCLOSURE IN HIGHWAY ACCIDENT
CASES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Third-party litigation funding disclosure in highway
accident cases
``(a) In General.--In any civil action in State or Federal court
alleging bodily harm or loss of life involving one or more commercial
motor vehicles, as defined in section 31101 of title 49, operating on a
public road in interstate commerce, counsel for plaintiff or plaintiffs
shall--
``(1) disclose in writing to the court and all other named
parties to the action the identity of any commercial
enterprise, other than a plaintiff or plaintiff's counsel of
record, that has a right to receive payment that is contingent
on the receipt of monetary relief in the action by settlement,
judgment, or otherwise; and
``(2) produce for inspection and copying, except as
otherwise stipulated or ordered by the court, any agreement
creating the contingent right.
``(b) Timing.--The disclosure required by subsection (a) shall be
made not later than the later of--
``(1) 10 days after execution of any agreement described in
subsection (a)(2); or
``(2) the time of service of the action.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect the admissibility of any materials required to be
disclosed or produced under subsection (a) as evidence in any civil
action.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding at
the end the following:
``1660. Third-party litigation funding disclosure in highway accident
cases.''.
SEC. 6. APPLICABILITY.
The amendments made by sections 4 and 5 shall apply with respect to
any case pending on or commenced on or after the date of enactment of
this Act. The amendments made by section 3 shall apply beginning on the
date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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