; or (2) abdicate the reserved powers of the State or political subdivision of the State, to be performed by non-governmental actors in a manner that is detrimental to the health, safety, and welfare of the citizens of the State or political subdivision of the State. 3. Civil action for harm in a lawless jurisdiction (a) Private right of action (1) Cause of action Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State) which occurred in a lawless jurisdiction may bring an action for compensatory damages against a State or a political subdivision of a State in the appropriate Federal or State court. (2) Burden of proof In an action under paragraph (1), the court shall find in favor of the plaintiff if the plaintiff shows by a preponderance of the evidence that the harm described in paragraph (1) occurred in a lawless jurisdiction located in the State or political subdivision of a State. (3) Statute of limitations An action brought under this subsection may not be brought later than 10 years after the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later. (4) Attorney’s fee and other costs In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney’s fee as part of the costs, and include expert fees as part of the attorney’s fee. (5) Rule of construction In the case of an entity that is harmed as a result of a felony (as defined by the State) which occurred in a lawless jurisdiction, the owner of the entity may bring an action under paragraph (1). (b) Waiver of immunity (1) In general Any State or political subdivision of a State that accepts a grant described in paragraph (2) from the Federal Government shall agree, as a condition of receiving such grant, to waive any immunity of such State or political subdivision relating to a civil action described in subsection (a).