Senate Amendment to House File 358 H-1257 Amend House File 358, as passed by the House, as follows: 1 1. Page 2, after line 28 by inserting: 2 < Sec. ___. Section 804.7, Code 2023, is amended to read as 3 follows: 4 804.7 Arrests by peace officers. 5 1. A peace officer may make an arrest in obedience to a 6 warrant delivered to the peace officer; and without a warrant 7 under any of the following circumstances : 8 1. a. For a public offense committed or attempted in the 9 peace officer’s presence. 10 2. b. Where a public offense has in fact been committed, 11 and the peace officer has reasonable ground grounds for 12 believing that the person to be arrested has committed it. 13 3. c. Where the peace officer has reasonable ground grounds 14 for believing that an indictable public offense has been 15 committed and has reasonable ground grounds for believing that 16 the person to be arrested has committed it. 17 4. d. Where the peace officer has received from the 18 department of public safety, or from any other peace officer of 19 this state or any other state or the United States an official 20 communication by bulletin, radio, telegraph, telephone, or 21 otherwise, informing the peace officer that a warrant has been 22 issued and is being held for the arrest of the person to be 23 arrested on a designated charge. 24 5. e. If the peace officer has reasonable grounds for 25 believing that domestic abuse, as defined in section 236.2 , 26 has occurred and has reasonable grounds for believing that the 27 person to be arrested has committed it. 28 6. f. As required by section 236.12, subsection 2 . 29 2. A peace officer, as defined in section 801.4, shall 30 have the authority to make an arrest pursuant to subsection 1 31 anywhere within the state. However, a peace officer shall not 32 establish routine patrol outside of the jurisdiction of the 33 peace officer’s employing agency. 34 Sec. ___. Section 804.7A, subsection 2, unnumbered 35 -1- HF 358.1794.S (1) 90 mb 1/ 2 #1.
paragraph 1, Code 2023, is amended to read as follows: 1 A federal law enforcement officer has the same authority, 2 as provided in section 804.7, subsection 3 1 , paragraph “c” , 3 and has the same immunity from suit in this state as a peace 4 officer, as defined in section 801.4, subsection 11 , when 5 making an arrest in this state for a nonfederal crime if either 6 of the following exists: > 7 2. Title page, by striking lines 1 through 3 and inserting 8 < An Act relating to law enforcement, including eluding or 9 attempting to elude a pursuing law enforcement vehicle, 10 temporary restricted driver’s licenses associated with that 11 offense, and the authority of a peace officer to make an arrest 12 for any public offense anywhere within the state, and providing 13 penalties. > 14 3. By renumbering as necessary. 15 -2- HF 358.1794.S (1) 90 mb 2/ 2 #2.