Senate Study Bill 1202 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to the authority of a peace officer to make an 1 arrest anywhere within the state. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2520XC (4) 90 as/rh

S.F. _____ Section 1. Section 804.7, Code 2023, is amended to read as 1 follows: 2 804.7 Arrests by peace officers. 3 1. A peace officer may make an arrest in obedience to a 4 warrant delivered to the peace officer; and without a warrant 5 under any of the following circumstances : 6 1. a. For a public offense committed or attempted in the 7 peace officer’s presence. 8 2. b. Where a public offense has in fact been committed, 9 and the peace officer has reasonable ground grounds for 10 believing that the person to be arrested has committed it. 11 3. c. Where the peace officer has reasonable ground grounds 12 for believing that an indictable public offense has been 13 committed and has reasonable ground grounds for believing that 14 the person to be arrested has committed it. 15 4. d. Where the peace officer has received from the 16 department of public safety, or from any other peace officer of 17 this state or any other state or the United States an official 18 communication by bulletin, radio, telegraph, telephone, or 19 otherwise, informing the peace officer that a warrant has been 20 issued and is being held for the arrest of the person to be 21 arrested on a designated charge. 22 5. e. If the peace officer has reasonable grounds for 23 believing that domestic abuse, as defined in section 236.2 , 24 has occurred and has reasonable grounds for believing that the 25 person to be arrested has committed it. 26 6. f. As required by section 236.12, subsection 2 . 27 2. A peace officer, as defined in section 801.4, shall 28 have the authority to make an arrest, pursuant to subsection 29 1 anywhere within the state. However, a peace officer shall 30 not establish routine patrol outside of the jurisdiction of the 31 peace officer’s employing agency. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 2520XC (4) 90 as/rh 1/ 2

S.F. _____ This bill relates to the authority of a peace officer to make 1 an arrest anywhere within the state. 2 The bill provides that the authority of a peace officer 3 to make an arrest under the following conditions extends to 4 anywhere within the state: a public offense committed or 5 attempted in the peace officer’s presence; where a public 6 offense has in fact been committed, and the peace officer has 7 reasonable grounds for believing that the person to be arrested 8 has committed it; where the peace officer has reasonable 9 grounds for believing that an indictable public offense 10 has been committed and that the person to be arrested has 11 committed it; where the peace officer has received an official 12 communication by bulletin, radio, telegraph, telephone, or 13 otherwise, informing the peace officer that a warrant has 14 been issued and is being held for the arrest of the person 15 to be arrested on a designated charge; the peace officer has 16 reasonable grounds for believing that domestic abuse has 17 occurred and has reasonable grounds for believing that the 18 person to be arrested has committed it; or as required by Code 19 section 236.12(2) (domestic abuse). 20 The bill provides that a peace officer shall not establish 21 routine patrol outside of the jurisdiction of the peace 22 officer’s employing agency. 23 “Peace officer”, as defined in Code section 801.4, 24 includes sheriffs and their regular deputies who are subject 25 to mandated law enforcement training, marshals and police 26 officers of cities, peace officer members of the department of 27 public safety, parole officers, probation officers, special 28 security officers employed by board of regents institutions, 29 conservation officers, employees of the department of 30 transportation designated as peace officers by resolution of 31 the department, employees of an aviation authority designated 32 as peace officers by the authority, and such persons as may be 33 otherwise so designated by law. 34 -2- LSB 2520XC (4) 90 as/rh 2/ 2