S.Amdt. 3079Senate112th Congress (2011-2013)

To permit Federal officers to remove cases involving crimes of violence to Federal court.

What it does: Adds SEC. __. REMOVAL OF ACTION wherever appropriate
Submitted November 28, 2012

What it changes

1 change to S. 3254

Adds a section
  1. Adds SEC. __. REMOVAL OF ACTION wherever appropriate

    Adds a section

    Inserted: SEC. __. REMOVAL OF ACTION.

    Inserted: Section 1442 of title 28, United States Code, is amended by striking subsection (c) and inserting the following:

    Inserted: "(c) Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer--

    Inserted: "(1) protected an individual in the presence of the officer from a crime of violence;

    Inserted: "(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or

    Inserted: "(3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury.

    Inserted: "(d) In this section, the following definitions apply:

    Inserted: "(1) The terms 'civil action' and 'criminal prosecution' include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

    Inserted: "(2) The term 'crime of violence' has the meaning given that term in section 16 of title 18.

    Inserted: "(3) The term 'law enforcement officer' means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.

    Inserted: "(4) The term 'serious bodily injury' has the meaning given that term in section 1365 of title 18.

    Inserted: "(5) The term 'State' includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18).

    Show 1 more inserted paragraph

    Inserted: "(6) The term 'State court' includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.".

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    Original wording

    At the appropriate place, insert the following:

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As printed

At the appropriate place, insert the following:

SEC. __. REMOVAL OF ACTION.

Section 1442 of title 28, United States Code, is amended by striking subsection (c) and inserting the following:

“(c) Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer--

“(1) protected an individual in the presence of the officer from a crime of violence;

“(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or

“(3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury.

“(d) In this section, the following definitions apply:

“(1) The terms ‘civil action' and ‘criminal prosecution' include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

“(2) The term ‘crime of violence' has the meaning given that term in section 16 of title 18.

“(3) The term ‘law enforcement officer' means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.

“(4) The term ‘serious bodily injury' has the meaning given that term in section 1365 of title 18.

“(5) The term ‘State' includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18).

“(6) The term ‘State court' includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.”.

Legislative Activity

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Senate amendment agreed to: Amendment SA 3079 agreed to in Senate by Unanimous Consent.

November 30, 2012

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Senate amendment agreed to: Amendment SA 3079 agreed to in Senate by Unanimous Consent.

November 30, 2012

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Senate amendment proposed (on the floor): Amendment SA 3079 proposed by Senator Levin for Senator Grassley.

November 30, 2012

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Amendment SA 3079 proposed by Senator Levin for Senator Grassley. (consideration: CR S7294-7298; text: CR S7294) To permit Federal officers to remove cases involving crimes of violence to Federal court.

November 30, 2012

Floor

Amendment SA 3079 agreed to in Senate by Unanimous Consent.

November 30, 2012

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Senate amendment submitted

November 28, 2012