SSB 1202 (LSB 2520XC (4) 90)

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 arrest anywhere within the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.7, Code 2023, is amended to read as follows:
   804.7  Arrests by peace officers.
   1.  A peace officer may make an arrest in obedience to a warrant delivered to the peace officer; and without a warrant under any of the following circumstances:
   1.  a.  For a public offense committed or attempted in the peace officer’s presence.
   2.  b.  Where a public offense has in fact been committed, and the peace officer has reasonable ground grounds for believing that the person to be arrested has committed it.
   3.  c.  Where the peace officer has reasonable ground grounds for believing that an indictable public offense has been committed and has reasonable ground grounds for believing that the person to be arrested has committed it.
   4.  d.  Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.
   5.  e.  If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.
   6.  f.  As required by section 236.12, subsection 2.
   2.  A peace officer, as defined in section 801.4, shall have the authority to make an arrest, pursuant to subsection 1 anywhere within the state. However, a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer’s employing agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the authority of a peace officer to make an arrest anywhere within the state.
   The bill provides that the authority of a peace officer to make an arrest under the following conditions extends to anywhere within the state: a public offense committed or attempted in the peace officer’s presence; where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it; where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and that the person to be arrested has committed it; where the peace officer has received an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge; the peace officer has reasonable grounds for believing that domestic abuse has occurred and has reasonable grounds for believing that the person to be arrested has committed it; or as required by Code section 236.12(2) (domestic abuse).
   The bill provides that a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer’s employing agency.
   “Peace officer”, as defined in Code section 801.4, includes sheriffs and their regular deputies who are subject to mandated law enforcement training, marshals and police officers of cities, peace officer members of the department of public safety, parole officers, probation officers, special security officers employed by board of regents institutions, conservation officers, employees of the department of transportation designated as peace officers by resolution of the department, employees of an aviation authority designated as peace officers by the authority, and such persons as may be otherwise so designated by law.