Text: HF02261 Text: HF02263 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2262
1 2
1 3 AN ACT
1 4 TO PERMIT OUT-OF-STATE PEACE OFFICERS TO ACT WITHIN THIS STATE
1 5 PURSUANT TO AGREEMENTS WITH STATE OR LOCAL AUTHORITIES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 804.7B ARRESTS BY OUT-OF-STATE
1 10 PEACE OFFICERS.
1 11 1. For purposes of this section, "out-of-state peace
1 12 officer" means a person employed full time as a peace officer
1 13 by a state other than Iowa or a political subdivision of a
1 14 state other than Iowa who is empowered to effect an arrest
1 15 with or without a warrant under the laws of that jurisdiction,
1 16 who is authorized to carry a firearm in the performance of the
1 17 person's duties, and who is certified or licensed as a regular
1 18 peace officer in the jurisdiction in which the person's
1 19 employing agency or appointing authority is located.
1 20 Notwithstanding section 804.7A, for purposes of this section
1 21 "out-of-state peace officer" also means a person employed
1 22 full-time by the United States government who is empowered to
1 23 effect an arrest with or without a warrant for a violation of
1 24 the United States Code and who is authorized to carry a
1 25 firearm in the performance of the person's duties as a federal
1 26 law enforcement officer.
1 27 2. a. An out-of-state peace officer may make arrests and
1 28 conduct other law enforcement activities in this state
1 29 pursuant to an agreement entered into under chapter 28E by the
1 30 peace officer's employing agency or appointing authority and
1 31 the state of Iowa or a political subdivision of the state of
1 32 Iowa. Any arrests made or activities conducted by an out-of-
1 33 state peace officer shall be in accordance with any conditions
1 34 and specifications contained in the agreement and shall be in
1 35 accordance with Iowa law. An out-of-state peace officer who
2 1 makes an arrest or conducts an activity in this state shall
2 2 immediately contact and cooperate with a law enforcement
2 3 agency having jurisdiction over the area in which the
2 4 activities have occurred. An out-of-state peace officer who
2 5 acts in accordance with an agreement entered into pursuant to
2 6 this section and Iowa law has the same immunity from suit in
2 7 this state as a peace officer, as defined in section 801.4.
2 8 b. Out-of-state peace officers making arrests or
2 9 conducting law enforcement activities in this state pursuant
2 10 to a 28E agreement are not employees or agents of the state of
2 11 Iowa or any political subdivision of the state of Iowa. To
2 12 the extent permitted by law, the employing agency or
2 13 appointing agency of the out-of-state peace officer and the
2 14 out-of-state peace officer are liable for any acts or
2 15 omissions which arise out of the arrests or law enforcement
2 16 activities of the out-of-state peace officer.
2 17 c. Agreements made under this section shall not exceed any
2 18 jurisdictional limitations to which the state or the political
2 19 subdivision of this state are subject. Agreements made under
2 20 this section shall not permit out-of-state peace officers to
2 21 perform regularly scheduled or routine patrol functions. This
2 22 section shall not be construed to limit the authority of an
2 23 employing agency or appointing authority to restrict the
2 24 exercise of power or authority of peace officers who are
2 25 employed by or are the agents of the agency or authority.
2 26
2 27
2 28
2 29 RON J. CORBETT
2 30 Speaker of the House
2 31
2 32
2 33
2 34 MARY E. KRAMER
2 35 President of the Senate
3 1
3 2 I hereby certify that this bill originated in the House and
3 3 is known as House File 2262, Seventy-seventh General Assembly.
3 4
3 5
3 6
3 7 ELIZABETH ISAACSON
3 8 Chief Clerk of the House
3 9 Approved , 1998
3 10
3 11
3 12
3 13 TERRY E. BRANSTAD
3 14 Governor
Text: HF02261 Text: HF02263 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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