Bill Text: HI SB15 | 2010 | Regular Session | Introduced
Bill Title: Power of Arrest; Federal Officers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB15 Detail]
Download: Hawaii-2010-SB15-Introduced.html
Report Title:
Power of Arrest; Federal Officers
Description:
Updates references to U.S. Customs and Border Protection Service and Citizenship and Immigration Services to reflect current names of agencies within the federal Department of Homeland Security.
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THE SENATE |
S.B. NO. |
15 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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 United
States Immigration and Customs Enforcement, Customs and Border
Protection Service, or Citizenship and Immigration Services; arrest
powers. An officer of the United States Immigration and Customs Enforcement,
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] Special Agent in Charge, Honolulu/Guam/Commonwealth of the Northern
Marianas, of the Immigration and Customs Enforcement, the Port Director, area
port of Honolulu, of the Customs and Border Protection Service, or the District
Director, District 26, of 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 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.
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INTRODUCED BY: |
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