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
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Jun 29 13:43:15 CDT 1998
URL: /DOCS/GA/77GA/Legislation/HF/02200/HF02262/980406.html
jhf