H.R.4309 - Officer Safety Act of 2012
To permit Federal officers to remove cases involving crimes of violence to Federal court.

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U.S. Congress - Text of H.R.4309 as Introduced in House Officer Safety Act of 2012A non-profit, non-partisan public resource
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HR 4309 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4309CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 29, 2012CommentsClose CommentsPermalink

Mr. REICHERT (for himself and Mr. PASCRELL) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

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

This Act may be cited as the ‘Officer Safety Act of 2012’.CommentsClose CommentsPermalink


‘(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--CommentsClose CommentsPermalink
‘(1) protected an individual in the presence of the officer from a crime of violence;CommentsClose CommentsPermalink
‘(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) In this section, the following definitions apply:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The term ‘crime of violence’ has the meaning given that term in section 16 of title 18.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(4) The term ‘serious bodily injury’ has the meaning given that term in section 1365 of title 18.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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