Amendment H-1257 to HF 358
Relating to law enforcement, including eluding or attempting to elude a pursuing law enforcement vehicle, temporary restricted driver’s licenses associated with that offense, and the authority of a peace officer to make an arrest for any public offense anywhere within the state, and providing penalties
Never voted on
Filed April 18, 2023 in the House by
What it changes
- Page 2, after line 28 by inserting: “Sec. ___. Section 804.7, Code 2023, is amended to read as follows: 804.7 Arrests by peace officers.
- 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 :
- a. For a public offense committed or attempted in the peace officer’s presence.
- 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.
- 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.
- 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.
- 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.
- f. As required by section 236.12, subsection 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. Sec. ___. Section 804.7A, subsection 2, unnumbered -1- HF 358.1794.S (1) 90 mb 1/ 2 paragraph 1, Code 2023, is amended to read as follows: A federal law enforcement officer has the same authority, as provided in section 804.7, subsection 3 1 , paragraph “c” , and has the same immunity from suit in this state as a peace officer, as defined in section 801.4, subsection 11 , when making an arrest in this state for a nonfederal crime if either of the following exists:”
- Title page, by striking lines 1 through 3 and inserting “An Act relating to law enforcement, including eluding or attempting to elude a pursuing law enforcement vehicle, temporary restricted driver’s licenses associated with that offense, and the authority of a peace officer to make an arrest for any public offense anywhere within the state, and providing penalties.”
- By renumbering as necessary. -2- HF 358.1794.S (1) 90 mb 2/ 2