Bill Text: HI HB1008 | 2012 | Regular Session | Amended
Bill Title: Power of Arrest; Federal Officers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1008 Detail]
Download: Hawaii-2012-HB1008-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1008 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE POWER OF ARREST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-16, Hawaii Revised Statutes, is amended to read as follows:
"§803-16
Officer of the Federal Bureau of Investigation, United States Immigration
and Customs Enforcement, or United States Customs and Border Protection
Service [or Citizenship and Immigration Services]; arrest powers.
An officer of the Federal Bureau of Investigation, United States
Immigration and Customs Enforcement, or United States Customs and Border Protection Service [or the Citizenship
and Immigration Services], without a warrant, may arrest a person if:
(1) The officer is on duty;
(2) One or more of the following situations exists:
(A) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 707, against the officer or against any other person in the presence of the officer;
(B) The person commits an offense against public order, defined and punishable under chapter 711, in the presence of the officer;
(C) The officer has probable cause to believe that a crime as provided in subparagraph (A) or (B) has been committed and has probable cause to believe that the person to be arrested has committed the crime;
(D) The officer has probable cause to believe that a felony has been committed and probable cause to believe that the person to be arrested has committed the felony; or
(E) The officer has received information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a law enforcement officer holds a warrant for the person's arrest; and
(3) The [Director
of the Hawaii district office for the] special agent in charge of the
Honolulu Division of the Federal Bureau of Investigation; the special agent in
charge of the Honolulu/Guam/Commonwealth of the Northern Marianas Division of
Immigration and Customs Enforcement; or the port director of the area port of
Honolulu of the United States Customs and Border Protection Service[, or the Citizenship and Immigration
Services,]; as the case may be, or other authorized
representative, certifies to the State that the officer has received proper
training within the agency to enable that officer to [enforce or administer]
make arrests as provided in this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Power of Arrest; Federal Officers
Description:
Adds the federal bureau of investigation and the United States immigration and customs enforcement to the list of federal agencies whose officers may make arrests for certain offenses under state law. Removes the citizenship and immigration services from the list. Adds proper titles of the heads of the district offices for the listed federal agencies. (HB1008 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
