[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1031 Reported in Senate (RS)]






                                                       Calendar No. 511
105th CONGRESS
  2d Session
                                S. 1031

 To protect Federal law enforcement officers who intervene in certain 
          situations to protect life or prevent bodily injury.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 1997

Mr. Grassley (for himself, Mr. D'Amato, Mr. Sessions, Mr. Stevens, Mr. 
  Hutchinson, and Mr. Grams) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

                             July 30, 1998

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To protect Federal law enforcement officers who intervene in certain 
          situations to protect life or prevent bodily injury.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Law Enforcement 
Officers' Good Samaritan Act of 1997''.</DELETED>

<DELETED>SEC. 2. PROTECTION OF FEDERAL LAW ENFORCEMENT OFFICERS WHO 
              INTERVENE IN CERTAIN SITUATIONS TO PROTECT LIFE OR TO 
              PREVENT BODILY INJURY.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``bodily injury'' has the meaning 
        given that term in section 1365(g) of title 18, United States 
        Code;</DELETED>
        <DELETED>    (2) the term ``crime of violence'' has the meaning 
        given that term in section 16 of title 18, United States 
        Code;</DELETED>
        <DELETED>    (3) the term ``law enforcement officer'' has the 
        meaning given that term in section 8401 of title 5, United 
        States Code; and</DELETED>
        <DELETED>    (4) the term ``serious bodily injury'' has the 
        meaning given that term in section 1365(g) of title 18, United 
        States Code.</DELETED>
<DELETED>    (b) Rule of Construction.--Notwithstanding any other 
provision of law, for purposes of chapter 171 of title 28, United 
States Code, a law enforcement officer shall be construed to be acting 
within the scope of his or her office or employment, if the officer 
takes any action, including the use of force, that is determined by the 
officer to be necessary to--</DELETED>
        <DELETED>    (1) protect an individual in the presence of the 
        officer from the imminent infliction of serious bodily 
        injury;</DELETED>
        <DELETED>    (2) provide immediate assistance to an individual 
        who has suffered or who is threatened with serious bodily 
        injury; or</DELETED>
        <DELETED>    (3) prevent the escape of any individual whom the 
        officer reasonably believes to have committed in the presence 
        of the officer a crime of violence.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Law Enforcement Officers' 
Good Samaritan Act of 1998''.

SEC. 2. PROTECTION OF FEDERAL LAW ENFORCEMENT OFFICERS WHO INTERVENE IN 
              CERTAIN SITUATIONS.

    (a) Definitions.--In this section--
            (1) the term ``crime of violence'' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            (2) the term ``law enforcement officer'' means--
                    (A) any employee described in subparagraph (A), 
                (B), or (C) of section 8401(17) of title 5, United 
                States Code; and
                    (B) any special agent in the Diplomatic Security 
                Service of the Department of State.
    (b) Rule of Construction.--Notwithstanding any other provision of 
law, for purposes of chapter 171 of title 28, United States Code, or 
any other provision of law relating to tort liability, a law 
enforcement officer shall be construed to be acting within the scope of 
his or her office or employment, if the officer takes reasonable 
action, including the use of force, to--
            (1) protect an individual in the presence of the officer 
        from a crime of violence;
            (2) provide immediate assistance to an individual who has 
        suffered or who is threatened with bodily harm; or
            (3) prevent the escape of any individual whom the officer 
        reasonably believes to have committed in the presence of the 
        officer a crime of violence.
                                     

                                                       Calendar No. 511

105th CONGRESS

  2d Session

                                S. 1031

_______________________________________________________________________

                                 A BILL

 To protect Federal law enforcement officers who intervene in certain 
          situations to protect life or prevent bodily injury.

_______________________________________________________________________

                             July 30, 1998

                       Reported with an amendment