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House Journal: Page 883: Tuesday, March 24, 1998

Dix of Butler offered the following amendment H-8580 filed by
him and moved its adoption:

H-8580

 1     Amend Senate File 2235, as passed by the Senate, as
 2   follows:
 3     1.  Page 4, by inserting after line 32 the
 4   following:
 5     "Sec. ___.  Section 804.21, subsection 3, Code
 6   1997, is amended to read as follows:
 7     3.  If the magistrate who issued the warrant is
 8   absent or unable to act, the arrested person shall be
 9   taken to the nearest or most accessible magistrate in
10   the judicial district where the offense occurred or a
11   magistrate in an approved judicial district, and all
12   documents on which the warrant was issued must be sent
13   to such magistrate, or if they cannot be procured, the
14   informant and the informant's witnesses must be
15   subpoenaed to make new affidavits.  For purposes of
16   this subsection, an "approved judicial district"
17   means, as to any particular arrest of a person
18   described in this subsection, any judicial district in
19   this state in which the chief judge of that judicial
20   district and the chief judge of the judicial district
21   in which the offense occurred have previously entered
22   an order permitting a person arrested or described in
23   this subsection to be taken to a magistrate from any
24   judicial district subject to the order.
25     Sec. ___.  Section 804.22, unnumbered paragraph 1,
26   Code 1997, is amended to read as follows:
27     When an arrest is made without a warrant, the
28   person arrested shall, without unnecessary delay, be
29   taken before the nearest or most accessible magistrate
30   in the judicial district in which such arrest was made
31   or before a magistrate in an approved judicial
32   district, and the grounds on which the arrest was made
33   shall be stated to the magistrate by complaint,
34   subscribed and sworn to by the complainant, or
35   supported by the complainant's affirmation, and such
36   magistrate shall proceed as follows:
37     Sec. ___.  Section 804.22, Code 1997, is amended by
38   adding the following new unnumbered paragraph:
39     NEW UNNUMBERED PARAGRAPH.  For purposes of this
40   section, an "approved judicial district" means, as to
41   any particular arrest of a person made without a
42   warrant, any judicial district in this state in which
43   the chief judge of that judicial district and the
44   chief judge of the judicial district in which the
45   arrest was made have previously entered an order
46   permitting a person arrested without warrant to be
47   taken to a magistrate from any judicial district

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Wed Mar 25 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00800/00883.html
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