[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2276 Reported in Senate (RS)]

                                                       Calendar No. 413
112th CONGRESS
  2d Session
                                S. 2276

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2012

 Mr. Grassley (for himself, Mr. Coons, Mr. Coburn, Mr. Sessions, Mrs. 
Feinstein, Ms. Klobuchar, Mr. Schumer, Mr. Blumenthal, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

                              May 23, 2012

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``Officer Safety Act of 
2012''.</DELETED>

<DELETED>SEC. 2. LIMITED LIABILITY.</DELETED>

<DELETED>    Section 1442 of title 28, United States Code, is amended 
by striking subsection (c) and inserting the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) protected an individual in the presence of 
        the officer from a crime of violence;</DELETED>
        <DELETED>    ``(2) provided immediate assistance to an 
        individual who suffered, or who was threatened with, bodily 
        harm; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) In this section, the following definitions 
apply:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) The term `crime of violence' has the meaning 
        given that term in section 16 of title 18.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) The term `serious bodily injury' has the 
        meaning given that term in section 1365 of title 18.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Officer Safety Act of 2012''.

SEC. 2. 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.''.
                                                       Calendar No. 413

112th CONGRESS

  2d Session

                                S. 2276

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 23, 2012

                       Reported with an amendment