H.R. 1039

Bill Information
Key Votes on H.R. 1039
Roll Call
About The Keyvote

While there is a need to protect law enforcement officers who are performing their duties, the Probation Officer Protection Act is an answer in search of a problem. Interference with a federal probation officer is already unlawful and current law already allows a law enforcement officer to arrest an individual or individuals who obstruct a federal probation officer during the performance of their duties.

The instances in which third parties obstruct a federal probation officer are rare.

While probationers have lost some of their Fourth Amendment rights, third parties have not. The Probation Officer Protection Act could lead to instances in which the Fourth Amendments rights of third parties are infringed because of overly broad language in Section 2(b) or interpretations of words in it, such as “intimidation” or “interference.”

Additionally, the “rules and regulations” under which the arrest authority of federal probation officers will be determined by the Administrative Office of the United States Courts, not by Congress. This creates yet another situation in which Congress is relenting its constitutional authority to another branch of the federal government.