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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 BACKGROUND STATEMENT 3 8 SUBMITTED BY THE AGENCY 3 9 This bill addresses the situation in which a peace officer 3 10 is outside the officer's jurisdiction and is in the presence 3 11 of the commission of a crime which requires immediate action 3 12 and where the use of deadly force would be justified. The 3 13 current law enforcement community, in particular, peace 3 14 officers and their agencies who are members of the Iowa Law 3 15 Enforcement Intelligence Network (LEIN), face the dilemma that 3 16 in many instances there is criminal activity that crosses 3 17 jurisdictional boundaries and exceeds any one law enforcement 3 18 agency's ability to effectively deal with the activity. 3 19 Working together in a combined effort to deal with this 3 20 activity has resulted in numerous arrests of criminals 3 21 involved in residential and commercial burglaries, farm 3 22 chemical theft, home improvement fraud, and weapons offenses. 3 23 While chapter 28E agreements serve well to coordinate long- 3 24 term task force operations to deal with ongoing chapter 28E 3 25 criminal activity such as narcotics trafficking, they do not 3 26 facilitate a proactive rapid response to criminal activity 3 27 that is transient in nature and of a shorter duration. 3 28 Currently, peace officers working on these short-term task 3 29 forces operate in and may effect an arrest in another 3 30 jurisdiction; however, under current law there are no 3 31 provisions to address these activities. The department of 3 32 public safety believes that it is critical to address these 3 33 issues and to provide sufficient guidelines for these officers 3 34 and agencies to continue using these types of operations to 3 35 combat the criminal element. 4 1 LSB 3108DP 76 4 2 js/sc/14.1
Text: SSB02021 Text: SSB02023 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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