This bill would allow a probation officer to arrest a person without a warrant while performing their duties if there’s probable cause that the person has assaulted, resisted, opposed, impeded, intimidated, or interfered with a probation officer. Under current law federal probation officers don’t have the authority to arrest those who prevent them from carrying out their official duties.
What is House Bill H.R. 1039?
Cost of House Bill H.R. 1039
In-Depth: Sponsoring Rep. Dave Reichert (R-WA) introduced this bill to protect probation officers and enhance their ability to do their job by giving them authority to arrest those who forcibly interfere with the performance of their official duties:
“Hostile and at times threatening environments are part of a probation officer’s average day on the job. Although they encounter many of the same dangers faced by members of the law enforcement community, they do not have the same tools to protect themselves. This bipartisan, bicameral bill rights that wrong.”
Some Democrats on the House Judiciary Committee expressed opposition to this bill on the grounds that it “raises substantial constitutional concerns” and carries with it a “high potential for abuse.” In the bill’s committee report, they added the change in policy would be “a retreat from the current constructive role of probation officers in reintegrating offenders into society.”
- Sponsoring Rep. Dave Reichert (R-WA) Press Release
- Committee Report
- CBO Cost Estimate
- Fraternal Order of Police (In Favor)
- Judicial Conference of the U.S. (In Favor)
Summary by Eric Revell(Photo Credit: U.S. Marshals Service via Flickr / Creative Commons)
Probation Officer Protection Act of 2017
To amend section 3606 of title 18, United States Code, to grant probation officers authority to arrest hostile third parties who obstruct or impede a probation officer in the performance of official duties.
- Not enactedThe President has not signed this bill
- The senate has not voted
Committee on the Judiciary
- senate Committees
- The house Passed May 19th, 2017Roll Call Vote 229 Yea / 177 Nay
Crime, Terrorism and Homeland SecurityCommittee on the JudiciaryIntroducedFebruary 14th, 2017
- house Committees