H.F. 2286 Section 1. NEW SECTION . 817A.1 Peace officer authority and 1 duties. 2 1. For purposes of this section, “peace officer” means any 3 of the following: 4 a. Sheriffs and their regular deputies who are subject to 5 mandated law enforcement training. 6 b. Marshals and police officers of cities. 7 c. Parole officers acting pursuant to section 906.2. 8 d. Probation officers acting pursuant to section 602.7202, 9 subsection 4, and section 907.2. 10 e. Special security officers employed by board of regents 11 institutions pursuant to section 262.13. 12 f. Conservation officers as authorized by section 456A.13. 13 g. Such employees of the department of transportation as 14 are designated “peace officers” by resolution of the department 15 under section 321.477. 16 h. Employees of an aviation authority designated as “peace 17 officers” by the authority under section 330A.8, subsection 16. 18 2. A peace officer as defined in subsection 1 shall have 19 and exercise all the powers of any other peace officer of the 20 state, limited only by the jurisdictional limits of the hiring 21 authority unless otherwise provided by law. 22 3. A peace officer shall have the authority to do all of the 23 following: 24 a. Administer oaths, acknowledge signatures, and take 25 voluntary testimony pursuant to the peace officer’s duties as 26 provided by law. 27 b. Conduct examinations, investigations, and inspections. 28 c. Arrest a person without a warrant for offenses committed 29 in the peace officer’s presence or if the peace officer 30 has probable cause to believe that the person arrested has 31 committed or is committing such offense. 32 d. Seize substances or articles used in the manufacture or 33 sale of controlled or counterfeit substances which the peace 34 officer has reasonable grounds to believe are in violation of 35 -1- LSB 5016HH (4) 84 rh/sc 1/ 3

H.F. 2286 the law, are used to violate the law, is evidence related to a 1 violation of the law, or are proceeds from a violation of the 2 law. 3 4. The duties of a peace officer shall include but not be 4 limited to the following: 5 a. To enforce all federal, state, and local laws. 6 b. To enforce all laws relating to traffic on the public 7 highways of the state, including those relating to the safe and 8 legal operation of passenger cars, motorcycles, motor trucks, 9 and buses; to see that proper safety rules are observed; and to 10 give first aid to the injured. 11 c. To investigate all fires and to apprehend persons 12 suspected of arson and other fire-related crimes. 13 5. a. A peace officer, when authorized by the appropriate 14 hiring authority, may act in concert with, under the direction 15 of, or otherwise serve as a local actor for an officer or agent 16 of state or federal government. 17 b. If serving as a local actor for an officer or agent of 18 the state or federal government as provided in paragraph “a” , 19 the peace officer shall be considered acting within the scope 20 of the employee’s office or employment. 21 6. This section shall not be construed as a limitation on 22 any other additional authority and duties of peace officers 23 otherwise authorized by federal, state, or local law. 24 EXPLANATION 25 This bill relates to the authority and duties of peace 26 officers, defined in the bill to include sheriffs and their 27 regular deputies, marshals and police officers of cities, 28 parole officers, probation officers, special security officers 29 employed by board of regents institutions, conservation 30 officers, and certain employees of the department of 31 transportation and of an aviation authority. 32 The bill provides that a peace officer shall have and 33 exercise all the powers of any other state peace officer, 34 limited only by the jurisdictional limits of the hiring 35 -2- LSB 5016HH (4) 84 rh/sc 2/ 3

H.F. 2286 authority unless otherwise provided by law. 1 The bill provides that a peace officer shall have the 2 authority to administer oaths, acknowledge signatures, and take 3 voluntary testimony pursuant to the peace officer’s duties 4 as provided by law, conduct examinations, investigations, 5 and inspections, arrest a person without a warrant for 6 offenses committed in the peace officer’s presence or if the 7 peace officer has probable cause to believe that the person 8 arrested has committed or is committing such offense, and seize 9 substances or articles used in the manufacture or sale of 10 controlled or counterfeit substances which the peace officer 11 has reasonable grounds to believe are in violation of the law, 12 are used to violate the law, is evidence related to a violation 13 of the law, or are proceeds from a violation of the law. 14 The bill provides the duties of a peace officer shall 15 include but not be limited to the enforcement of all federal, 16 state, and local laws, the enforcement of traffic laws on 17 state highways including those relating to the safe and legal 18 operation of passenger cars, motorcycles, motor trucks, and 19 buses, and the provision of first aid to injured persons, 20 and the investigation of fires including the apprehension of 21 persons suspected of arson and other fire-related crimes. 22 The bill allows a peace officer, when authorized by the 23 appropriate hiring authority, to act in concert with, under 24 the direction of, or otherwise serve as a local actor for an 25 officer or agent of state or federal government. 26 The bill shall not be construed as a limitation on any other 27 additional authority and duties of peace officers otherwise 28 authorized by federal, state, or local law. 29 -3- LSB 5016HH (4) 84 rh/sc 3/ 3