28 U.S.C. § 1455 — Procedure for removal of criminal pros-

Page 405 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1455 1 So in original. Probably should be ‘‘77p(f)(3)’’. (4) DENIAL OF APPEAL.—If a final judgment on the appeal under paragraph (1) is not issued before the end of the period described in para- graph (2), including any extension under para- graph (3), the appeal shall be denied. (d) EXCEPTION.—This section shall not apply to any class action that solely involves— (1) a claim concerning a covered security as defined under section 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 78p(f)(3) 1) and section 28(f)(5)(E) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); (2) a claim that relates to the internal af- fairs or governance of a corporation or other form of business enterprise and arises under or by virtue of the laws of the State in which such corporation or business enterprise is in- corporated or organized; or (3) a claim that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder). (Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 Stat. 12; amended Pub. L. 111–16, § 6(2), May 7, 2009, 123 Stat. 1608; Pub. L. 112–63, title I, § 103(d)(2), Dec. 7, 2011, 125 Stat. 762.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 112–63 substituted ‘‘1446(c)(1)’’ for ‘‘1446(b)’’. 2009—Subsec. (c)(1). Pub. L. 111–16 substituted ‘‘not more than 10 days’’ for ‘‘not less than 7 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see sec- tion 105 of Pub. L. 112–63, set out as a note under sec- tion 1332 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE Section applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as an Effective Date of 2005 Amendment note under section 1332 of this title. § 1454. Patent, plant variety protection, and copyright cases (a) IN GENERAL.—A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant vari- ety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where the action is pending. (b) SPECIAL RULES.—The removal of an action under this section shall be made in accordance with section 1446, except that if the removal is based solely on this section— (1) the action may be removed by any party; and (2) the time limitations contained in section 1446(b) may be extended at any time for cause shown. (c) CLARIFICATION OF JURISDICTION IN CERTAIN CASES.—The court to which a civil action is re- moved under this section is not precluded from hearing and determining any claim in the civil action because the State court from which the civil action is removed did not have jurisdiction over that claim. (d) REMAND.—If a civil action is removed sole- ly under this section, the district court— (1) shall remand all claims that are neither a basis for removal under subsection (a) nor within the original or supplemental jurisdic- tion of the district court under any Act of Congress; and (2) may, under the circumstances specified in section 1367(c), remand any claims within the supplemental jurisdiction of the district court under section 1367. (Added Pub. L. 112–29, § 19(c)(1), Sept. 16, 2011, 125 Stat. 332.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1295 of this title. § 1455. Procedure for removal of criminal pros- ecutions (a) NOTICE OF REMOVAL.—A defendant or de- fendants desiring to remove any criminal pros- ecution from a State court shall file in the dis- trict court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. (b) REQUIREMENTS.—(1) A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. (2) A notice of removal of a criminal prosecu- tion shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. (3) The filing of a notice of removal of a crimi- nal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of Page 406 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1455 conviction shall not be entered unless the pros- ecution is first remanded. (4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that re- moval should not be permitted, the court shall make an order for summary remand. (5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecu- tion is pending, which shall proceed no further. (c) WRIT OF HABEAS CORPUS.—If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and de- liver a copy of the writ to the clerk of such State court. (Added Pub. L. 112–63, title I, § 103(c), Dec. 7, 2011, 125 Stat. 761.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such ef- fective date, with provisions for treatment of cases re- moved to Federal court, see section 105 of Pub. L. 112–63, set out as an Effective Date of 2011 Amendment note under section 1332 of this title. [CHAPTER 90—OMITTED] Editorial Notes CODIFICATION Chapter 90, consisting of sections 1471 to 1482, which was added by Pub. L. 95–598, title II, § 241(a), Nov. 6, 1978, 92 Stat. 2668, and which related to district courts and bankruptcy courts, did not become effective pursu- ant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Statutory Notes and Related Subsidiaries TRANSITION TO NEW COURT SYSTEM Pub. L. 95–598, title IV, § 409, Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–249, § 1(d), Mar. 31, 1984, 98 Stat. 116; Pub. L. 98–271, § 1(d), Apr. 30, 1984, 98 Stat. 163; Pub. L. 98–299, § 1(d), May 25, 1984, 98 Stat. 214; Pub. L. 98–325, § 1(d), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, title I, § 121(d), July 10, 1984, 98 Stat. 346, which provided for transfer to the new court system of cases, and mat- ters and proceedings in cases, under the Bankruptcy Act [former Title 11] pending at the end of Sept. 30, 1983, in the courts of bankruptcy continued under sec- tion 404(a) of Pub. L. 95–598, with certain exceptions, and cases and proceedings arising under or related to cases under Title 11 pending at the end of July 9, 1984, and directed that civil actions pending on July 9, 1984, over which a bankruptcy court had jurisdiction on July 9, 1984, not abate, but continuation of such actions not finally determined before Apr. 1, 1985, be removed to a bankruptcy court under this chapter, and that all law books, publications, etc., furnished bankruptcy judges as of July 9, 1984, be transferred to the United States bankruptcy courts under the supervision of the Direc- tor of the Administrative Office of the United States Courts, was repealed by Pub. L. 98–353, title I, § 122(a), July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. CHAPTER 91—UNITED STATES COURT OF FEDERAL CLAIMS Sec. 1491. Claims against United States generally; ac- tions involving Tennessee Valley Author- ity. 1492. Congressional reference cases. [1493. Repealed.] 1494. Accounts of officers, agents or contractors. 1495. Damages for unjust conviction and imprison- ment; claim against United States. 1496. Disbursing officers’ claims. 1497. Oyster growers’ damages from dredging oper- ations. 1498. Patent and copyright cases. 1499. Liquidated damages withheld from contrac- tors under chapter 37 of title 40. 1500. Pendency of claims in other courts. 1501. Pensions. 1502. Treaty cases. 1503. Set-offs. [1504. Repealed.] 1505. Indian claims. [1506. Repealed.] 1507. Jurisdiction for certain declaratory judg- ments. 1508. Jurisdiction for certain partnership pro- ceedings. 1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties. HISTORICAL AND REVISION NOTES 1949 ACT This section inserts in the analysis of chapter 91 of title 28, U.S.C., item 1505, corresponding to new section 1505. Editorial Notes AMENDMENTS 2006—Pub. L. 109–284, § 4(1), Sept. 27, 2006, 120 Stat. 1211, substituted ‘‘chapter 37 of title 40’’ for ‘‘Contract Work Hours and Safety Standards Act’’ in item 1499. 1992—Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516, substituted ‘‘UNITED STATES COURT OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES CLAIMS COURT’’ as chapter heading. 1984—Pub. L. 98–369, div. A, title VII, § 714(g)(3), July 18, 1984, 98 Stat. 962, added item 1509. 1982—Pub. L. 97–248, title IV, § 402(c)(18)(B), Sept. 3, 1982, 96 Stat. 669, added item 1508. Pub. L. 97–164, title I, § 133(e)(2)(B), (f), (h), (j)(2), Apr. 2, 1982, 96 Stat. 41, substituted ‘‘UNITED STATES CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ in chapter heading, substituted ‘‘Liquidated damages withheld from contractors under Contract Work Hours and Safe- ty Standards Act’’ for ‘‘Penalties imposed against con- tractors under eight hour law’’ in item 1499, and struck out items 1504 ‘‘Tort Claims’’ and 1506 ‘‘Transfer to cure defect of jurisdiction’’. 1976—Pub. L. 94–455, title XIII, § 1306(b)(9)(B), Oct. 4, 1976, 90 Stat. 1720, added item 1507. 1960—Pub. L. 86–770, § 2(b), Sept. 13, 1960, 74 Stat. 912, added item 1506. Pub. L. 86–726, § 4, Sept. 8, 1960, 74 Stat. 856, sub- stituted ‘‘Patent and copyright cases’’ for ‘‘Patent cases’’ in item 1498.