Text: SF02376 Text: SF02378 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 804.7, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 A peace officer acting within the jurisdiction of the 1 4 officer's employing agency or appointing authority, may make 1 5 an arrest in obedience to a warrant delivered to the peace 1 6 officer; andor make an arrest without a warrant under the 1 7 following circumstances: 1 8 Sec. 2. NEW SECTION. 804.7B ARRESTS BY PEACE OFFICERS 1 9 OUTSIDE EMPLOYING JURISDICTION. 1 10 1. A peace officer acting outside the jurisdiction of the 1 11 officer's employing agency or appointing authority may make an 1 12 arrest in the officer's official capacity under any of the 1 13 following circumstances: 1 14 a. When confronted with the commission of a public offense 1 15 in the peace officer's presence and the circumstances would 1 16 justify the use of deadly force as authorized under section 1 17 804.8. 1 18 b. Where the peace officer has reasonable grounds to 1 19 believe that an indictable public offense has been committed 1 20 and has reasonable grounds to believe that the person to be 1 21 arrested has committed the offense and the circumstances would 1 22 justify the use of deadly force as authorized under section 1 23 804.8. 1 24 c. At the request of or rendering assistance to another 1 25 peace officer who is within the jurisdiction of that officer's 1 26 employing agency or appointing authority. 1 27 d. In an emergency situation when rendering assistance to 1 28 another peace officer who is within the jurisdiction of that 1 29 officer's employing agency or appointing authority. 1 30 e. At the request of or rendering assistance to another 1 31 peace officer or special state agent of the department of 1 32 public safety. 1 33 f. When acting pursuant to an agreement entered into under 1 34 chapter 28E, provided the action is within the jurisdictional 1 35 limitations and restrictions of the agreement. 2 1 2. a. A law enforcement agency in the jurisdiction where 2 2 an arrest has occurred pursuant to this section is immune from 2 3 liability for the acts or omissions of a peace officer making 2 4 the arrest outside of the officer's jurisdiction. 2 5 b. A peace officer acting pursuant to this section shall 2 6 have the same immunity from suit as the officer would have had 2 7 when acting within the officer's employing agency's or 2 8 appointing authority's jurisdiction. 2 9 3. A peace officer acting pursuant to subsection 1 shall 2 10 immediately notify and cooperate with any law enforcement 2 11 agency having jurisdiction where the arrest occurred. 2 12 4. This section shall not limit the authority of an 2 13 employing agency or appointing authority to restrict the 2 14 exercise of the power and authority conferred upon the 2 15 agency's or authority's peace officers. 2 16 EXPLANATION 2 17 This bill allows a peace officer acting outside the 2 18 officer's jurisdiction to make an arrest in the officer's 2 19 official capacity if the circumstances would justify the use 2 20 of deadly force and the officer either is confronted with the 2 21 commission of a public offense or has reasonable grounds to 2 22 believe that an indictable public offense has been committed 2 23 and the person to be arrested has committed the offense. The 2 24 bill also allows an officer to make an arrest in an emergency 2 25 situation or when acting at the request of another peace 2 26 officer, at the request of or rendering assistance to a peace 2 27 officer or special state agent of the Iowa department of 2 28 public safety, or when acting pursuant to a chapter 28E 2 29 agreement. 2 30 The bill grants immunity to a law enforcement agency in the 2 31 jurisdiction where an arrest has occurred for acts or 2 32 omissions of a peace officer acting outside of the officer's 2 33 jurisdiction and provides a peace officer the same immunity 2 34 from suit that the officer would have if acting within the 2 35 officer's jurisdiction. 3 1 The bill requires a peace officer to notify and cooperate 3 2 with any law enforcement agency having jurisdiction where the 3 3 peace officer made an independent arrest. The bill does not 3 4 limit the authority of an employing agency or appointing 3 5 authority to restrict the exercise of power and authority 3 6 conferred upon the agency's or authority's peace officers. 3 7 LSB 3108SV 76 3 8 js/sc/14
Text: SF02376 Text: SF02378 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 2 13:30:09 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/02300/SF02377/960229.html
jhf