Federal Judiciary Emergency Tolling Act of 2006

Bill: 109-hr-3729
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-09-13 in the House
Policy area: Law
Subjects: Administration of justice
Appellate courts
Appellate procedure
Civil Rights and Liberties, Minority Issues
Civil disobedience
Civil procedure
Crime and Law Enforcement
Criminal procedure
Disasters
District courts
Emergency Management
Hurricane aftermath legislation
Injunctions
Judges
Limitation of actions

Summary:
action_date: 2005-09-13
text: 
Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) applicable to pending civil and criminal cases in the event of a natural disaster, civil disobedience, or other emergency situation requiring the closure of courts.

action_date: 2006-02-08
text: 
Federal Judiciary Emergency Tolling Act of 2005 - Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district, or for any class of cases pending in the court of appeals, in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court.
 
Extends such tolling authority to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal.
 
Excludes from such authority, however, any statute of limitation for: (1) a criminal action; or (2) a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law.
 
Allows the exercise of such authority, in the absence of the chief judge, by: (1) the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district; or (2) by the senior circuit judge of appeals in regular active service.
 
Declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus.
 

action_date: 2006-07-17
text: 
Federal Judiciary Emergency Tolling Act of 2006 - Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district, or for any class of cases pending in the court of appeals, in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court.

Extends such tolling authority to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal.

Excludes from such authority, however, any statute of limitation for: (1) a criminal action; or (2) a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law.

Allows the exercise of such authority, in the absence of the chief judge, by: (1) the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district; or (2) by the senior circuit judge of appeals in regular active service.

Declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus.


Legislative actions:
action_date: 2006-07-18
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2006-07-17
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 363 - 0 (Roll no. 377). (text: CR H5240-5241)
action_date: 2006-07-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-07-17
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 363 - 0 (Roll no. 377).(text: CR H5240-5241)
action_date: 2006-07-17
text: Considered as unfinished business. (consideration: CR H5246-5247)
action_date: 2006-07-17
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2006-07-17
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3729.
action_date: 2006-07-17
text: Considered under suspension of the rules. (consideration: CR H5240-5242)
action_date: 2006-07-17
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2006-02-08
text: Placed on the Union Calendar, Calendar No. 202.
action_date: 2006-02-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-371.
action_date: 2006-02-08
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-371.
action_date: 2005-11-09
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2005-11-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-09-13
text: Referred to the House Committee on the Judiciary.
action_date: 2005-09-13
text: Introduced in House
action_date: 2005-09-13
text: Introduced in House