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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