[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4309 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4309

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2012

 Mr. Reichert (for himself and Mr. Pascrell) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    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 ``Officer Safety Act of 2012''.

SEC. 2. LIMITED LIABILITY.

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