Pub. L. 105-119, tit. I, sec. 123
Pub. L. 105-119, tit. I, sec. 123
Sec. 123. (a) In General.—Section 3626 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)(B)(i), by striking “permits” and inserting “requires”; and (B) in paragraph (3)— (i) in subparagraph (A), by striking “no prisoner release order shall be entered unless” and inserting “no court shall enter a prisoner release order unless”; and (ii) in subparagraph (F)— (I) by inserting “including a legislator” after “local official”; and (II) by striking “program” and inserting “prison”; (2) in subsection (b)(3), by striking “current or ongoing” and inserting “current and ongoing”; (3) in subsection (e)— (A) in paragraph (1), by adding at the end the following: “Mandamus shall lie to remedy any failure to issue a prompt ruling on such a motion.”; (B) in paragraph (2), by striking “Any prospective relief subject to a pending motion shall be automatically stayed” and inserting “Any motion to modify or terminate prospective relief made under subsection (b) shall operate as a stay”; and (C) by adding at the end the following: “(3) Postponement of automatic stay.—The court may postpone the effective date of an automatic stay specified in subsection (e)(2)(A) for not more than 60 days for good cause. No postponement shall be permissible because of general congestion of the court’s calendar. “(4) Order blocking the automatic stay.—Any order staying, suspending, delaying, or barring the operation of the automatic stay described in paragraph (2) (other than an order to postpone the effective date of the automatic stay under paragraph (3)) shall be treated as an order refusing to dissolve or modify an injunction and shall be appealable pursuant to section 1292(a)(1) of title 28, United States Code, regardless of how the order is styled or whether the order is termed a preliminary or a final ruling.”. 111 STAT. 2471 (b) Effective Date.—The amendments made by this Act shall take effect upon the date of the enactment of this Act and shall apply to pending cases.