SF 456 (LSB 1604XS (3) 90)

SENATE FILE 456

BY  SALMON

A BILL FOR

An Act requiring written permission from a county sheriff before an arrest, search, or seizure may be conducted within a county under the county sheriff’s jurisdiction by any federal or out-of-state law enforcement officer or agent and any Iowa law enforcement officer or agent from outside the county sheriff’s jurisdiction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.652, subsection 1, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   The sheriff is the chief law enforcement officer of the county in which the sheriff is elected and may call upon any person for assistance to:
    Sec. 2.  NEW SECTION.  331.653A  Sheriff’s permission for arrests, searches, and seizures —— exceptions —— remedies.
   1.  a.  Except as provided in subsection 4, all federal and out-of-state law enforcement officers or agents and all Iowa law enforcement officers or agents outside a county sheriff’s jurisdiction must receive the written permission of the county sheriff or the sheriff’s designee prior to making an arrest or conducting a search or seizure within the county under the county sheriff’s jurisdiction.
   b.  The request must be submitted in person and may be in letter form, and must be signed by the county sheriff or sheriff’s designee to constitute valid permission.
   c.  Permission is valid for forty-eight hours after it is signed.
   d.  A copy of the permission request shall be kept on file by the sheriff.
   2.  The written request for permission shall contain all of the following:
   a.  The name of the subject of the arrest, search, or seizure.
   b.  A clear statement of probable cause for the arrest, search, or seizure, or a federal warrant that contains a clear statement of probable cause.
   c.  A description of specific assets, if any, to be searched for or seized.
   d.  A statement of the date and time that the arrest, search, or seizure is to occur.
   e.  The address or location where the intended arrest, search, or seizure will be attempted.
   3.  The county sheriff or sheriff’s designee may refuse permission for any reason the county sheriff or designee considers sufficient.
   4.  A law enforcement officer or other agent not designated by state law as an Iowa peace officer may make an arrest, search, or seizure in this state without the written permission of the county sheriff or sheriff’s designee of the county in which the arrest, search, or seizure is to occur if any of the following circumstances exist:
   a.  The arrest, search, or seizure will take place in a federal enclave for which jurisdiction has been lawfully ceded to the United States by state law. For purposes of this paragraph, “federal enclave” means territory transferred by a state through cession or consent to the United States over which the federal government has acquired exclusive jurisdiction. 
   b.  The law enforcement officer or agent witnesses the commission of a crime, the nature of which requires an immediate arrest, as authorized by law.
   c.  The intended subject of the arrest, search, or seizure is an employee of the county sheriff’s office or is an elected county or state officer, in which case written permission is required by the state attorney general.
   d.  The intended subject of the arrest, search, or seizure is the county sheriff that has been deputized by an outside agency, in which case written permission is required by the state attorney general.
   e.  The law enforcement officer or agent has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the county sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure, in which case written permission is required by the state attorney general.
   5.  A federal or out-of-state law enforcement officer or agent and an Iowa law enforcement officer or agent from outside a county sheriff’s jurisdiction who conducts an arrest, search, or seizure or attempted arrest, search, or seizure in violation of subsection 1 shall be charged with and prosecuted for the following offenses by the applicable county attorney:
   a.  Kidnapping, if an arrest or attempted arrest occurs.
   b.  Trespass, if a search or attempted search occurs.
   c.  Theft, if a seizure or attempted seizure occurs.
   d.  Homicide, if loss of life occurs.
   e.  Any other applicable criminal offense.
   6.  A county sheriff; county attorney; the governor; the lieutenant governor; the attorney general; the United States department of justice; the federal bureau of investigation; the federal bureau of alcohol, tobacco, firearms and explosives; and any other appropriate agency or department shall be provided copies of the provisions contained in this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires written permission from a county sheriff before an arrest, search, or seizure may be conducted within a county under the county sheriff’s jurisdiction by any federal or out-of-state law enforcement officer or agent and any Iowa law enforcement officer or agent from outside the county sheriff’s jurisdiction.
   The bill provides that the county sheriff is the chief law enforcement officer of the county in which the sheriff is elected. Except as otherwise provided, all federal and out-of-state law enforcement officers or agents and all Iowa law enforcement officers and agents from outside a county sheriff’s jurisdiction must receive the written permission of the county sheriff or the sheriff’s designee prior to making an arrest or conducting a search or seizure within the county under the county sheriff’s jurisdiction. The bill specifies the information that must be contained in the written request. The request must be submitted in person and must be signed by the county sheriff or sheriff’s designee to constitute valid permission. Permission is valid for 48 hours after it is signed.
   The bill provides that a law enforcement officer or other agent not designated by state law as an Iowa peace officer may make an arrest, search, or seizure in this state without the written permission of the county sheriff or sheriff’s designee of the county in which the arrest, search, or seizure is to occur if any of the following circumstances exist: the arrest, search, or seizure will take place in a federal enclave for which jurisdiction has been lawfully ceded to the United States by state law; the law enforcement officer or agent witnesses the commission of a crime, the nature of which requires an immediate arrest, as authorized by law; the intended subject of the arrest, search, or seizure is an employee of the county sheriff’s office or is an elected county or state officer, in which case written permission is required by the state attorney general; the intended subject of the arrest, search, or seizure is the county sheriff that has been deputized by an outside agency, in which case written permission is required by the state attorney general; or the law enforcement officer or agent has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the county sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure, in which case written permission is required by the state attorney general.
   The bill provides that a federal or out-of-state law enforcement officer or agent and an Iowa law enforcement officer or agent from outside a county sheriff’s jurisdiction who conducts an arrest, search, or seizure or attempted arrest, search, or seizure in violation of the bill shall be charged with and prosecuted for the following offenses by the county attorney: kidnapping, if an arrest or attempted arrest occurs; trespass, if a search or attempted search occurs; theft, if a seizure or attempted seizure occurs; homicide, if loss of life occurs; or any other applicable criminal offense.
   The bill specifies that a county sheriff; county attorney; the governor; the lieutenant governor; the state attorney general; the United States department of justice; the federal bureau of investigation; the federal bureau of alcohol, tobacco, firearms and explosives; and any other appropriate agency or department shall be provided copies of the provisions contained in the bill.