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H.R. 1039: Probation Officer Protection Act of 2017

May 19, 2017 at 11:47 a.m. ET. On Passage of the Bill in the House.

This was a vote to pass H.R. 1039 (115th) in the House.

H.R. 1039 amends the federal criminal code to authorize a probation officer to arrest a person, without warrant, if there is probable cause to believe that person forcibly assaulted or obstructed a probation officer while performing their official duties. The bill also would direct the Administrative Office of the U.S. Courts (AOUSC) to implement rules and regulations governing probation officers’ conduct while exercising that authority.

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, rather than restrain the third party, exposes probation officers to greater risk of harm and allows the third party 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.

Source: Republican Policy Committee

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Totals

All Votes R D
Yea 56%
 
 
229
192
 
37
 
Nay 44%
 
 
177
33
 
144
 
Not Voting
 
 
24
12
 
12
 

Passed. Simple Majority Required. Source: house.gov.

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Notes: The Speaker’s Vote?
The Speaker of the House is not required to vote in “ordinary legislative proceedings, except when such vote would be decisive.” In practice, this means the Speaker of the House rarely votes and only does so when it is politically useful. When the Speaker declines to vote, he or she is simply omitted from the roll call by the House Clerk. (See House Rules, Rule I(7).)
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