Text: SSB02044 Text: SSB02046 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 804.7B ARRESTS BY OUT-OF-STATE
1 2 PEACE OFFICERS.
1 3 1. For purposes of this section, "out-of-state peace
1 4 officer" means a person employed full time as a peace officer
1 5 by a state other than Iowa or a political subdivision of a
1 6 state other than Iowa who is empowered to effect an arrest
1 7 with or without a warrant under the laws of that jurisdiction,
1 8 who is authorized to carry a firearm in the performance of the
1 9 person's duties, and who is certified or licensed as a regular
1 10 peace officer in the jurisdiction in which the person's
1 11 employing agency or appointing authority is located.
1 12 2. a. An out-of-state peace officer may make arrests and
1 13 conduct other law enforcement activities in this state
1 14 pursuant to an agreement entered into under chapter 28E by the
1 15 peace officer's employing agency or appointing authority and
1 16 the state of Iowa or a political subdivision of the state of
1 17 Iowa. Any arrests made or activities conducted by an out-of-
1 18 state peace officer shall be in accordance with any conditions
1 19 and specifications contained in the agreement and shall be in
1 20 accordance with Iowa law. An out-of-state peace officer who
1 21 makes an arrest or conducts an activity in this state shall
1 22 immediately contact and cooperate with a law enforcement
1 23 agency having jurisdiction over the area in which the
1 24 activities have occurred. An out-of-state peace officer who
1 25 acts in accordance with an agreement entered into pursuant to
1 26 this section and Iowa law has the same immunity from suit in
1 27 this state as a peace officer, as defined in section 801.4.
1 28 b. Out-of-state peace officers making arrests or
1 29 conducting law enforcement activities in this state pursuant
1 30 to a 28E agreement are not employees or agents of the state of
1 31 Iowa or any political subdivision of the state of Iowa. To
1 32 the extent permitted by law, the employing agency or
1 33 appointing agency of the out-of-state peace officer and the
1 34 out-of-state peace officer are liable for any acts or
1 35 omissions which arise out of the arrests or law enforcement
2 1 activities of the out-of-state peace officer.
2 2 c. Agreements made under this section shall not exceed any
2 3 jurisdictional limitations to which the state or the political
2 4 subdivision of this state are subject. Agreements made under
2 5 this section shall not permit out-of-state peace officers to
2 6 perform regularly scheduled or routine patrol functions. This
2 7 section shall not be construed to limit the authority of an
2 8 employing agency or appointing authority to restrict the
2 9 exercise of power or authority of peace officers who are
2 10 employed by or are the agents of the agency or authority.
2 11 EXPLANATION
2 12 This bill provides a procedure for agreements under which
2 13 out-of-state peace officers may engage in law enforcement
2 14 activities in this state. An out-of-state peace officer is a
2 15 certified or licensed full-time regular peace officer from
2 16 another state who is empowered to make arrests and who is
2 17 authorized to carry a firearm in the performance of the
2 18 person's duties. Under the bill, out-of-state peace officers
2 19 will be authorized to come into this state and make arrests
2 20 and engage in law enforcement activities pursuant to
2 21 agreements entered into under Code chapter 28E.
2 22 Any arrests made and activities engaged in are subject to
2 23 Iowa law and any conditions or specifications contained in the
2 24 agreement. An out-of-state peace officer acting pursuant to a
2 25 28E agreement under the bill is covered by the same immunity
2 26 that applies to peace officers in this state. The state of
2 27 Iowa or any political subdivision of the state is not liable
2 28 for any acts or omissions which occur while the out-of-state
2 29 peace officer is engaged in activities pursuant to the
2 30 agreement and the out-of-state peace officer is not an
2 31 employee or agent of the state or a political subdivision of
2 32 the state while acting pursuant to the agreement. An out-of-
2 33 state peace officer's appointing or employing agency or
2 34 authority retains any liability permitted by law.
2 35 The bill does not limit an appointing authority or
3 1 employing agency to regulate the conduct of those peace
3 2 officers who are the agents or employees of the authority or
3 3 agency.
3 4 LSB 3242DP 77
3 5 lh/jw/5.1
Text: SSB02044 Text: SSB02046 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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