House File 378 - Introduced HOUSE FILE 378 BY DONAHUE , MASCHER , HUNTER , ANDERSON , STAED , ABDUL-SAMAD , WILBURN , and BENNETT A BILL FOR An Act relating to arrests by private persons. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1745YH (4) 89 as/rh

H.F. 378 Section 1. Section 804.6, Code 2021, is amended to read as 1 follows: 2 804.6 Persons authorized to make an arrest. 3 An arrest pursuant to a warrant shall be made only by a 4 peace officer ; in other cases, an arrest may be made by a peace 5 officer or by a private person as provided in this chapter . 6 Sec. 2. Section 804.10, Code 2021, is amended to read as 7 follows: 8 804.10 Use of force by private person assisting peace officer 9 in arrest by private person . 10 1. A private person who makes or assists another private 11 person in making a lawful arrest is justified in using any 12 force which the person reasonably believes to be necessary to 13 make the arrest or which the person reasonably believes to be 14 necessary to prevent serious injury to any person. 15 2. A private person who is summoned or directed by a peace 16 officer to assist in making an arrest may use whatever force 17 the peace officer could use under the circumstances, provided 18 that, if the arrest is unlawful, the private person assisting 19 the officer shall be justified as if the arrest were a lawful 20 arrest, unless the person knows that the arrest is unlawful. 21 Sec. 3. REPEAL. Section 804.9, Code 2021, is repealed. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to arrests by private persons. 26 Current law provides that an arrest pursuant to a warrant 27 shall be made only by a peace officer; in other cases, an 28 arrest may be made by a peace officer or by a private person 29 as provided in Code chapter 804. A private person may make 30 an arrest for a public offense committed or attempted in the 31 person’s presence, and when a felony has been committed and the 32 person has reasonable grounds for believing that the person 33 to be arrested has committed it. A private person who makes 34 or assists another private person in making a lawful arrest 35 -1- LSB 1745YH (4) 89 as/rh 1/ 2

H.F. 378 is justified in using any force which the person reasonably 1 believes to be necessary to make the arrest or which the person 2 reasonably believes to be necessary to prevent serious injury 3 to any person. A private person who is summoned or directed by 4 a peace officer to assist in making an arrest may use whatever 5 force the peace officer could use under the circumstances, 6 provided that, if the arrest is unlawful, the private person 7 assisting the officer shall be justified as if the arrest were 8 a lawful arrest, unless the person knows that the arrest is 9 unlawful. 10 The bill provides that an arrest pursuant to a warrant shall 11 be made only by a peace officer as provided in Code chapter 12 804. 13 The bill repeals Code section 804.9 which provides that 14 a private person may make an arrest for a public offense 15 committed or attempted in the person’s presence, or when a 16 felony has been committed, and the person has reasonable 17 grounds for believing that the person to be arrested has 18 committed it. 19 The bill strikes Code section 804.10(1) which provides that 20 a private person who makes or assists another private person in 21 making a lawful arrest is justified in using any force which 22 the person reasonably believes to be necessary to make the 23 arrest or which the person reasonably believes to be necessary 24 to prevent serious injury to any person. 25 -2- LSB 1745YH (4) 89 as/rh 2/ 2