II

Calendar No. 511

105TH CONGRESS

2D SESSION S. 1031

To protect Federal law enforcement officers who intervene in certain

situations to protect life or prevent bodily injury.

IN THE SENATE OF THE UNITED STATES

JULY 17, 1997

Mr. GRASSLEY (for himself, Mr. D’AMATO, Mr. SESSIONS, Mr. STEVENS, Mr.

HUTCHINSON, and Mr. GRAMS) introduced the following bill; which was

read twice and referred to the Committee on the Judiciary

JULY 30, 1998

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To protect Federal law enforcement officers who intervene

in certain situations to protect life or prevent bodily injury.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Law Enforce5 ment Officers’ Good Samaritan Act of 1997’’.
2

S 1031 RS

1 SEC. 2. PROTECTION OF FEDERAL LAW ENFORCEMENT OF2 FICERS WHO INTERVENE IN CERTAIN SITUA3 TIONS TO PROTECT LIFE OR TO PREVENT

4 BODILY INJURY.

5 (a) DEFINITIONS.—In this section—

6 (1) the term ‘‘bodily injury’’ has the meaning

7 given that term in section 1365(g) of title 18,

8 United States Code;

9 (2) the term ‘‘crime of violence’’ has the mean10 ing given that term in section 16 of title 18, United

11 States Code;

12 (3) the term ‘‘law enforcement officer’’ has the

13 meaning given that term in section 8401 of title 5,

14 United States Code; and

15 (4) the term ‘‘serious bodily injury’’ has the

16 meaning given that term in section 1365(g) of title

17 18, United States Code.

18 (b) RULE OF CONSTRUCTION.—Notwithstanding any

19 other provision of law, for purposes of chapter 171 of title

20 28, United States Code, a law enforcement officer shall

21 be construed to be acting within the scope of his or her

22 office or employment, if the officer takes any action, in23 cluding the use of force, that is determined by the officer

24 to be necessary to—
3

S 1031 RS

1 (1) protect an individual in the presence of the

2 officer from the imminent infliction of serious bodily

3 injury;

4 (2) provide immediate assistance to an individ5 ual who has suffered or who is threatened with seri6 ous bodily injury; or

7 (3) prevent the escape of any individual whom

8 the officer reasonably believes to have committed in

9 the presence of the officer a crime of violence.

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Federal Law Enforce12 ment Officers’ Good Samaritan Act of 1998’’.

13 SEC. 2. PROTECTION OF FEDERAL LAW ENFORCEMENT OF14 FICERS WHO INTERVENE IN CERTAIN SITUA15 TIONS.

16 (a) DEFINITIONS.—In this section—

17 (1) the term ‘‘crime of violence’’ has the meaning

18 given that term in section 16 of title 18, United

19 States Code; and

20 (2) the term ‘‘law enforcement officer’’ means—

21 (A) any employee described in subpara22 graph (A), (B), or (C) of section 8401(17) of title

23 5, United States Code; and

24 (B) any special agent in the Diplomatic Se25 curity Service of the Department of State.
4

S 1031 RS

1 (b) RULE OF CONSTRUCTION.—Notwithstanding any

2 other provision of law, for purposes of chapter 171 of title

3 28, United States Code, or any other provision of law relat4 ing to tort liability, a law enforcement officer shall be con5 strued to be acting within the scope of his or her office or

6 employment, if the officer takes reasonable action, including

7 the use of force, to—

8 (1) protect an individual in the presence of the

9 officer from a crime of violence;

10 (2) provide immediate assistance to an individ11 ual who has suffered or who is threatened with bodily

12 harm; or

13 (3) prevent the escape of any individual whom

14 the officer reasonably believes to have committed in

15 the presence of the officer a crime of violence.

Calendar No. 511

105TH CONGRESS

2D SESSION S. 1031

A BILL

To protect Federal law enforcement officers who inprevent bodily injury. tervene in certain situations to protect life or

JULY 30, 1998

Reported with an amendment