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Senate Study Bill 2045

Bill Text

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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