S. 2276 (112th): Officer Safety Act of 2012

S 2276 RS

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

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]

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the ‘Officer Safety Act of 2012’. [<-Struck out]

[Struck out->] SEC. 2. LIMITED LIABILITY. [<-Struck out]

[Struck out->] Section 1442 of title 28, United States Code, is amended by striking subsection (c) and inserting the following: [<-Struck out]

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‘(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-- [<-Struck out]

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‘(1) protected an individual in the presence of the officer from a crime of violence; [<-Struck out]

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‘(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or [<-Struck out]

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‘(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. [<-Struck out]

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‘(d) In this section, the following definitions apply: [<-Struck out]

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‘(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. [<-Struck out]

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‘(2) The term ‘crime of violence’ has the meaning given that term in section 16 of title 18. [<-Struck out]

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‘(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. [<-Struck out]

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‘(4) The term ‘serious bodily injury’ has the meaning given that term in section 1365 of title 18. [<-Struck out]

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‘(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). [<-Struck out]

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‘(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.’. [<-Struck out]

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

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

May 23, 2012

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