Under current law, off-duty federal law enforcement officials in certain jurisdictions are vulnerable if they choose to take action to stop a crime in progress. For example, Grassley said if an off-duty FBI agent was injured while trying to stop a robbery at a convenience store, his or her health insurance may not cover that injury. Also, if the agent injured the criminal in the course of trying to stop the crime, the agent would be vulnerable to a lawsuit. Grassley said his legislation is designed to extend legal protection and health coverage to agents acting on their sense of duty.
"Federal law enforcement officials are trained to help protect the citizens of this country. We have invested a lot of time, energy and trust in the training of our federal law enforcement officers." said Grassley. "We need to be sure they are able to perform their duties and act as we would hope and expect them to act in these situations."
Grassley's bill - The Federal Law Enforcement Officers Good Samaritan Act of 1997 - does not expand federal law enforcement authority. Off duty federal officials could only make a citizens arrest if necessary, and local law enforcement officials would still have jurisdiction over local cases.
He said the legislation was prompted by the recommendations of the Drug Enforcement Agency, as well as other law enforcement agencies.
"We all want to feel safe in our streets, homes and workplaces. This bill is a common sense approach to fighting crime wherever, and whenever it occurs," said Grassley.
Senator Grassley is the Chair of the International Narcotics Control Caucus and a member of the Judiciary Committee.