[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5801 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5801
To amend title 28, United States Code, to establish a procedure for
remand of a civil action that has been removed before service on a
forum defendant, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 7, 2020
Mr. Johnson of Georgia (for himself, Mr. Nadler, Ms. Dean, Ms. Garcia
of Texas, Mr. Cartwright, Mr. Raskin, Mr. Swalwell of California, Mr.
Cohen, Ms. Schakowsky, Ms. Norton, Mr. Rush, Mrs. Watson Coleman, and
Mr. Espaillat) introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To amend title 28, United States Code, to establish a procedure for
remand of a civil action that has been removed before service on a
forum defendant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removal Jurisdiction Clarification
Act of 2020''.
SEC. 2. REMOVAL BEFORE SERVICE ON A FORUM DEFENDANT.
(a) Removal.--Section 1447 of title 28, United States Code, is
amended by adding at the end the following:
``(f)(1) A court shall remand a case described in paragraph (2) to
the State court from which it was removed if--
``(A) within 30 days after filing of the notice of
removal under section 1446(a), or within the time
specified by State law for service of process,
whichever is shorter, a defendant described in
paragraph (2)(B) is properly served in the manner
prescribed by State law; and
``(B) a motion to remand is made in accordance
with, and within the time specified by, the first
sentence of subsection (c).
``(2) This subsection shall apply to a case in which--
``(A) a civil action is removed solely on the basis of the
jurisdiction under section 1332(a) of this title; and
``(B) at the time of removal, any party in interest
properly joined as a defendant is a citizen of the State in
which such action is brought, but has not been properly
served.''.
(b) Conforming Amendment.--Section 1448 of title 28, United States
Code, is amended by striking ``In all cases'' and inserting ``Except as
provided in section 1447(f), in all cases''.
(c) Effective Date.--
(1) In general.--The amendments made by this Act shall take
effect upon the expiration of the 30-day period beginning on
the date of enactment of this Act, and shall apply to any civil
action commenced on or after such date.
(2) Commencement of state actions.--With respect to a civil
action commenced in State court and removed to Federal court,
the civil action shall be deemed to have commenced on the date
that the civil action was commenced, within the meaning of
State law, in State court.
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