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House File 2262

Partial Bill History

Bill Text

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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