It shall be the duty of the department of public safety to prevent crime, to detect and apprehend criminals and to enforce such other laws as are hereinafter specified. The members of the department of public safety, except clerical workers therein, when authorized by the commissioner of public safety shall have and exercise all the powers of any peace officer of the state.
1. They shall not exercise their general powers within the limits of any city, except:
a. When so ordered by the direction of the governor;
b. When request is made by the mayor of any city, with the approval of the commissioner of public safety;
c. When request is made by the sheriff or county attorney of any county with the approval of the commissioner;
d. While in the pursuit of law violators or in investigating law violations;
e. While making any inspection provided by this chapter, or any additional inspection ordered by the commissioner;
f. When engaged in the investigating and enforcing of fire and arson laws;
g. When engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs.
When any member of the department shall be acting in co-operation with any other local peace officer, or county attorney in general criminal investigation work, or when acting on a special assignment by the commissioner, the member's jurisdiction shall be statewide.
However, the above limitations shall in no way be construed as a limitation as to their power as officers when a public offense is being committed in their presence.
2. In more particular, their duties shall be as follows:
a. To enforce all state laws.
b. To enforce all laws relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks and buses; to see that proper safety rules are observed and to give first aid to the injured.
c. To investigate all fires; to apprehend persons suspected of arson; to enforce all safety measures in connection with the prevention of fires; and to disseminate fire-prevention education.
d. To collect and classify, and keep at all times available, complete information useful for the detection of crime, and the identification and apprehension of criminals. Such information shall be available for all peace officers within the state, under such regulations as the commissioner may prescribe. The provisions of chapter 141 do not apply to the entry of human immunodeficiency virus-related information by criminal or juvenile justice agencies, as defined in section 692.1, into the Iowa criminal justice information system or the national crime information center system. The provisions of chapter 141 also do not apply to the transmission of the same information from either or both information systems to criminal or juvenile justice agencies. The provisions of chapter 141 also do not apply to the transmission of the same information from either or both information systems to employees of state correctional institutions subject to the jurisdiction of the department of corrections, employees of secure facilities for juveniles subject to the jurisdiction of the department of human services, and employees of city and county jails, if those employees have direct physical supervision over inmates of those facilities or institutions. Human immunodeficiency virus-related information shall not be transmitted over the police radio broadcasting system under chapter 693 or any other radio-based communications system. An employee of an agency receiving human immunodeficiency virus-related information under this section who communicates the information to another employee who does not have direct physical supervision over inmates, other than to a supervisor of an employee who has direct physical supervision over inmates for the purpose of conveying the information to such an employee, or who communicates the information to any person not employed by the agency or uses the information outside the agency is guilty of a class "D" felony. The commissioner shall adopt rules regarding the transmission of human immunodeficiency virus-related information including provisions for maintaining confidentiality of the information. The rules shall include a requirement that persons receiving information from the Iowa criminal justice information system or the national crime information center system receive training regarding confidentiality standards applicable to the information received from the system. The commissioner shall develop and establish, in cooperation with the department of corrections and the Iowa department of public health, training programs and program criteria for persons receiving human immunodeficiency virus-related information through the Iowa criminal justice information system or the national crime information center system.
e. To operate such radio broadcasting stations as may be necessary in order to disseminate information which will make possible the speedy apprehension of lawbreakers, as well as such other information as may be necessary in connection with the duties of this office.
f. Provide protection and security for persons and property on the grounds of the state capitol complex.
g. To assist persons who are responsible for the care of private and public land in identifying growing marijuana plants when the plants are reported to the department. The department shall also provide education to the persons regarding methods of eradicating the plants. The department shall adopt rules necessary to carry out this paragraph.
h. To maintain a vehicle theft unit in the Iowa highway safety patrol to investigate and assist in the examination and identification of stolen, altered, or forfeited vehicles.
3. They may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to their duties as provided by law.
4. It is the intent of the general assembly that the commissioner of public safety shall reassign the arson investigators from the division of criminal investigation and bureau of identification of the department of public safety to the state fire marshal's office effective July 1, 1978 and the arson investigators shall be under the direct supervision of the state fire marshal.
[C73, § 120; C97, § 147, 148; SS15, § 65-b, 147; C24, § 273, 13410; C27, 31, § 273, 5017-a1, 13410; C35, § 273, 5018-g6, 13410; C39, § 273, 1225.13; C46, 50, 54, 58, 62, 66, 71, § 18.2(1, 4), 80.9; C73, § 19A.3(4), 80.9; C75, § 18.3(4), 80.9; C77, 79, 81, § 80.9]
90 Acts, ch 1179, § 1; 91 Acts, ch 34, § 1; 92 Acts, ch 1238, § 18; 94 Acts, ch 1154, § 1; 95 Acts, ch 191, § 2
Referred to in § 8D.13, 80B.13, 141.23
Department designated as state highway safety agency to receive federal funds; Executive Order No. 23; June 9, 1986
© 1997 Cornell College and League of Women Voters of Iowa
Last update: Mon Jan 27 16:05:08 CST 1997