S.Amdt. 47Senate109th Congress (2005-2007)

To prohibit the discharge, in bankruptcy, of a debt resulting from the debtor's unlawful interference with the provision of lawful goods or services or damage to property used to provide lawful goods or services.

Submitted March 3, 2005

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Senate amendment not agreed to: Amendment SA 47 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 28.

March 8, 2005

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Senate amendment not agreed to: Amendment SA 47 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 28.

March 8, 2005

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Roll call votes on amendments in Senate: Amendment SA 47 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 28.

March 8, 2005

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Senate amendment proposed (on the floor): Amendment SA 47 proposed by Senator Schumer.

March 8, 2005

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Amendment SA 47 proposed by Senator Schumer. (consideration: CR S2203-2215; text: CR S2203) To prohibit the discharge, in bankruptcy, of a debt resulting from the debtor's unlawful interference with the provision of lawful goods or services or damage to property used to provide lawful goods or services.

March 8, 2005

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Amendment SA 47 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 28.

March 8, 2005

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Senate amendment submitted

March 3, 2005

Text

Submitted

SA 47. Mr. SCHUMER (for himself, Mr. Reid, Mr. Leahy, and Mrs.
Murray) submitted an amendment intended to be proposed by him to the
bill S. 256, to amend title 11 of the United States Code, and for other
purposes; which was ordered to lie on the table; as follows:

On page 205, between lines 16 and 17, insert the following:

SEC. 332. NONDISCHARGEABILITY OF DEBTS INCURRED THROUGH
VIOLATIONS OF LAWS RELATING TO THE PROVISION OF
LAWFUL GOODS AND SERVICES.

Section 523(a) of title 11, United States Code, as amended
by this Act, is further amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (19) the following:
``(20) that results from any judgment, order, consent
order, or decree entered in any Federal or State court, or
contained in any settlement agreement entered into by the
debtor, including any court ordered damages, fine, penalty,
citation, or attorney fee or cost owed by the debtor, arising
from--
``(A) an action alleging the violation of any Federal,
State, or local statute, including but not limited to a
violation of section 247 or 248 of title 18, that results
from the debtor's--
``(i) harassment of, intimidation of, interference with,
obstruction of, injury to, threat to, or violence against,
any person--

``(I) because that person provides, or has provided, lawful
goods or services;
``(II) because that person is, or has been, obtaining
lawful goods or services; or
``(III) to deter that person, any other person, or a class
of persons, from obtaining or providing lawful goods or
services; or

``(ii) damage to, or destruction of, property of a facility
providing lawful goods or services; or
``(B) a violation of a court order or injunction that
protects access to--
``(i) a facility that provides lawful goods or services; or
``(ii) the provision of lawful goods or services.

Nothing in paragraph (20) shall be construed to affect any
expressive conduct (including peaceful picketing or other
peaceful demonstration) protected from legal prohibition by
the first amendment to the Constitution of the United
States.''.
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