Sec. 1087. REMOVAL OF ACTION

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## SEC. 1087 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.” > .