Bill Text: IA SSB1202 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the authority of a peace officer to make an arrest anywhere within the state.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-28 - Subcommittee: Dawson, Knox, and Zaun. [SSB1202 Detail]
Download: Iowa-2023-SSB1202-Introduced.html
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