[Congressional Record Volume 162, Number 65 (Wednesday, April 27, 2016)]
[Senate]
[Page S2495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mrs. Feinstein):
  S. 2862. A bill 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; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise to discuss the Probation Officer 
Protection Act, which I introduced today with Senator Feinstein. I 
would like to begin by thanking Senator Feinstein for cosponsoring this 
bill and also thank Representatives Reichert and Pascrell for 
introducing companion legislation in the House.
  Under current law, a Federal probation officer may arrest a 
probationer or individual on supervised release if the officer has 
probable cause to believe that the offender has violated a condition of 
his or her probation or release. The officer may make the arrest with 
or without a warrant.
  In practice, formal arrests by probation officers are rare. Rather, 
probation officers use this authority to lawfully engage in less 
restrictive uses of force, such as ordering an offender to stand aside 
during a search; instructing an offender not to interfere with the 
officer's movements; or, in rare cases, temporarily restraining an 
offender who poses a physical danger.
  Current law does not, however, address a probation officer's arrest 
authority in situations where a third party attempts to physically 
obstruct the officer or cause the officer physical harm. Although 
obstructing a probation officer in the performance of his or her 
official duties is illegal, when a probation officer encounters an 
uncooperative or violent third party, the officer may be forced to 
retreat because he or she lacks authority to restrain the third party. 
This lack of authority and resulting need to retreat exposes probation 
officers to greater risk of harm and allows the third party--along with 
any evidence or individual the third party is attempting to shield--to 
elude capture. As a result, evidence that an offender has violated a 
condition of his or her probation or supervised release, or evidence of 
other criminal activity, may be lost.
  In some circumstances, a probation officer may be able to enlist the 
assistance of local police in responding to a hostile third party. But 
this is not, in and of itself, an adequate solution. First, unless the 
probation officer knows in advance that he or she is likely to 
encounter a hostile third party and can find an available police 
officer to accompany him or her, the probation officer must wait for 
police backup to arrive. This is often not a viable option. Second, 
even if a local police officer is available to accompany the probation 
officer, because the probation officer lacks arrest authority, he or 
she cannot lawfully assist the police officer if the police officer is 
accosted. Third, requiring federal probation officers to rely on local 
law enforcement in responding to uncooperative or violent third parties 
burdens local police departments and diverts police resources from 
other uses.
  My bill addresses these problems by authorizing Federal probation 
officers to arrest a third party if there is probable cause to believe 
the third party has forcibly assaulted, resisted, opposed, impeded, 
intimidated, or interfered with the officer, or a fellow probation 
officer, while the officer was engaged in the performance of official 
duties. This language parallels 18 U.S.C. Sec. 111, which makes it a 
crime to forcibly assault, resist, oppose, impede, intimidate, or 
interfere with an officer or employee of the United States while the 
officer or employee is engaged in the performance of official duties.
  The bill additionally provides that this arrest authority shall be 
exercised in accordance with rules and regulations prescribed by the 
Administrative Office of the U.S. Courts.
  It is important to note, that this legislation does not give 
probation officers general arrest authority. Rather, it merely 
authorizes arrest in the narrow circumstance where a third party 
forcibly interferes with a probation officer in the course of the 
officer's performance of his or her official duties. This limited 
arrest authority will protect officers, offenders, and third parties 
alike by preventing obstruction from escalating to actual violence, 
consistent with the rehabilitative mission of the Federal probation 
system. State probation officers in many jurisdictions have similar 
third-party arrest authority.
  This legislation has the strong support of the Administrative Office 
of the U.S. Courts, the Federal Law Enforcement Officers Association, 
and numerous other law enforcement groups. It will make a meaningful 
difference in the lives of our Federal probation officers and local 
police officers and in the homes and communities they serve.

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