House File 2433 - Introduced HOUSE FILE 2433 BY THOMSON A BILL FOR An Act requiring written permission from a county sheriff 1 before an arrest, search, or seizure may be conducted within 2 a county under the county sheriff’s jurisdiction by any 3 federal or out-of-state law enforcement officer or agent and 4 any Iowa law enforcement officer or agent from outside the 5 county sheriff’s jurisdiction, establishing a private right 6 of action, and making penalties applicable. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5729YH (3) 90 as/js

H.F. 2433 Section 1. Section 331.652, subsection 1, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 The sheriff is the chief law enforcement officer of the 3 county in which the sheriff is elected and may call upon any 4 person for assistance to: 5 Sec. 2. NEW SECTION . 331.653A Sheriff’s permission for 6 arrests, searches, and seizures —— exceptions —— remedies. 7 1. a. Except as provided in subsection 4, all federal and 8 out-of-state law enforcement officers or agents and all Iowa 9 law enforcement officers or agents outside a county sheriff’s 10 jurisdiction must receive the written permission of the county 11 sheriff or the sheriff’s designee prior to making an arrest 12 or conducting a search or seizure within the county under the 13 county sheriff’s jurisdiction. 14 b. The request must be submitted in person and may be 15 in letter form, and must be signed by the county sheriff or 16 sheriff’s designee to constitute valid permission. 17 c. Permission is valid for forty-eight hours after it is 18 signed. 19 d. A copy of the permission request shall be kept on file 20 by the sheriff. 21 2. The written request for permission shall contain all of 22 the following: 23 a. The name of the subject of the arrest, search, or 24 seizure. 25 b. A clear statement of probable cause for the arrest, 26 search, or seizure, or a federal warrant that contains a clear 27 statement of probable cause. 28 c. A description of specific assets, if any, to be searched 29 for or seized. 30 d. A statement of the date and time that the arrest, search, 31 or seizure is to occur. 32 e. The address or location where the intended arrest, 33 search, or seizure will be attempted. 34 3. The county sheriff or sheriff’s designee may refuse 35 -1- LSB 5729YH (3) 90 as/js 1/ 6

H.F. 2433 permission for any reason the county sheriff or designee 1 considers sufficient. 2 4. A law enforcement officer or other agent not designated 3 by state law as an Iowa peace officer may make an arrest, 4 search, or seizure in this state without the written permission 5 of the county sheriff or sheriff’s designee of the county in 6 which the arrest, search, or seizure is to occur if any of the 7 following circumstances exist: 8 a. The arrest, search, or seizure will take place in a 9 federal enclave for which jurisdiction has been lawfully 10 ceded to the United States by state law. For purposes of 11 this paragraph, “federal enclave” means territory transferred 12 by a state through cession or consent to the United States 13 over which the federal government has acquired exclusive 14 jurisdiction. 15 b. The law enforcement officer or agent witnesses the 16 commission of a crime, the nature of which requires an 17 immediate arrest, as authorized by law. 18 c. The intended subject of the arrest, search, or seizure 19 is an employee of the county sheriff’s office or is an elected 20 county or state officer, in which case written permission is 21 required by the state attorney general or a special prosecutor 22 if the attorney general is the intended subject. 23 d. The intended subject of the arrest, search, or seizure 24 is the county sheriff that has been deputized by an outside 25 agency, in which case written permission is required by the 26 state attorney general. 27 e. The law enforcement officer or agent has probable 28 cause to believe that the subject of the arrest, search, or 29 seizure has close connections with the county sheriff, which 30 connections are likely to result in the subject being informed 31 of the impending arrest, search, or seizure, in which case 32 written permission is required by the state attorney general. 33 5. A federal or out-of-state law enforcement officer or 34 agent and an Iowa law enforcement officer or agent from outside 35 -2- LSB 5729YH (3) 90 as/js 2/ 6

H.F. 2433 a county sheriff’s jurisdiction who conducts an arrest, search, 1 or seizure or attempted arrest, search, or seizure in violation 2 of subsection 1 shall be charged with and prosecuted for the 3 following offenses by the applicable county attorney: 4 a. Kidnapping, if an arrest or attempted arrest occurs. 5 b. Trespass, if a search or attempted search occurs. 6 c. Theft, if a seizure or attempted seizure occurs. 7 d. Homicide, if loss of life occurs. 8 e. Any other applicable criminal offense. 9 6. A county sheriff; county attorney; the governor; the 10 lieutenant governor; the attorney general; the United States 11 department of justice; the federal bureau of investigation; the 12 federal bureau of alcohol, tobacco, firearms and explosives; 13 and any other appropriate agency or department shall be 14 provided copies of the provisions contained in this section. 15 Sec. 3. NEW SECTION . 331.653B Private right of action —— 16 damages —— statute of limitations. 17 1. An individual who is subjected to an arrest, search, or 18 seizure by a federal or out-of-state law enforcement officer 19 in violation of section 331.653A may bring an action at law to 20 recover actual damages. The court may order such equitable 21 relief as it deems necessary to protect the public from further 22 violations, including temporary and permanent injunctive 23 relief. 24 2. If the court finds that a federal or out-of-state law 25 enforcement officer has violated section 331.653A and the 26 individual is awarded actual damages, the court shall award to 27 the individual the costs of the action and reasonable attorney 28 fees. 29 3. If the finder of fact finds by a preponderance of clear, 30 convincing, and satisfactory evidence that an act in violation 31 of section 331.653A constitutes willful and wanton disregard 32 for the rights or safety of another, in addition to an award of 33 actual damages, statutory damages up to three times the amount 34 of actual damages may be awarded. 35 -3- LSB 5729YH (3) 90 as/js 3/ 6

H.F. 2433 4. An action for a violation of section 331.653A must be 1 brought within two years. 2 5. No employee of the state or of any of its political 3 subdivisions, or an employee of a county, township, or 4 municipality shall be held liable for a violation of section 5 331.653A. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill requires written permission from a county sheriff 10 before an arrest, search, or seizure may be conducted within a 11 county under the county sheriff’s jurisdiction by any federal 12 or out-of-state law enforcement officer or agent and any Iowa 13 law enforcement officer or agent from outside the county 14 sheriff’s jurisdiction, and establishes a private right of 15 action. 16 The bill provides that the county sheriff is the chief 17 law enforcement officer of the county in which the sheriff 18 is elected. Except as otherwise provided, all federal and 19 out-of-state law enforcement officers or agents and all Iowa 20 law enforcement officers and agents from outside a county 21 sheriff’s jurisdiction must receive the written permission of 22 the county sheriff or the sheriff’s designee prior to making 23 an arrest or conducting a search or seizure within the county 24 under the county sheriff’s jurisdiction. The bill specifies 25 the information that must be contained in the written request. 26 The request must be submitted in person and must be signed by 27 the county sheriff or sheriff’s designee to constitute valid 28 permission. Permission is valid for 48 hours after it is 29 signed. 30 The bill provides that a law enforcement officer or other 31 agent not designated by state law as an Iowa peace officer may 32 make an arrest, search, or seizure in this state without the 33 written permission of the county sheriff or sheriff’s designee 34 of the county in which the arrest, search, or seizure is to 35 -4- LSB 5729YH (3) 90 as/js 4/ 6

H.F. 2433 occur if any of the following circumstances exist: the arrest, 1 search, or seizure will take place in a federal enclave for 2 which jurisdiction has been lawfully ceded to the United States 3 by state law; the law enforcement officer or agent witnesses 4 the commission of a crime, the nature of which requires an 5 immediate arrest, as authorized by law; the intended subject 6 of the arrest, search, or seizure is an employee of the county 7 sheriff’s office or is an elected county or state officer, in 8 which case written permission is required by the state attorney 9 general; the intended subject of the arrest, search, or seizure 10 is the county sheriff that has been deputized by an outside 11 agency, in which case written permission is required by the 12 state attorney general; or the law enforcement officer or agent 13 has probable cause to believe that the subject of the arrest, 14 search, or seizure has close connections with the county 15 sheriff, which connections are likely to result in the subject 16 being informed of the impending arrest, search, or seizure, in 17 which case written permission is required by the state attorney 18 general or a special prosecutor if the attorney general is the 19 intended subject. 20 The bill provides that a federal or out-of-state law 21 enforcement officer or agent and an Iowa law enforcement 22 officer or agent from outside a county sheriff’s jurisdiction 23 who conducts an arrest, search, or seizure or attempted arrest, 24 search, or seizure in violation of the bill shall be charged 25 with and prosecuted for the following offenses by the county 26 attorney: kidnapping, if an arrest or attempted arrest occurs; 27 trespass, if a search or attempted search occurs; theft, if a 28 seizure or attempted seizure occurs; homicide, if loss of life 29 occurs; or any other applicable criminal offense. 30 The bill specifies that a county sheriff; county attorney; 31 the governor; the lieutenant governor; the state attorney 32 general; the United States department of justice; the federal 33 bureau of investigation; the federal bureau of alcohol, 34 tobacco, firearms and explosives; and any other appropriate 35 -5- LSB 5729YH (3) 90 as/js 5/ 6

H.F. 2433 agency or department shall be provided copies of the provisions 1 contained in the bill. 2 The bill provides that an individual who is subjected to 3 an arrest, search, or seizure in violation of Code section 4 331.653A may bring an action at law, within two years of the 5 violation, to recover actual damages and equitable relief as 6 the court deems necessary including temporary and permanent 7 injunctive relief, costs of the action, and reasonable attorney 8 fees. 9 The bill provides that if the finder of fact finds by a 10 preponderance of clear, convincing, and satisfactory evidence 11 that an act in violation of Code section 331.653A constitutes 12 willful and wanton disregard for the rights or safety of 13 another, in addition to an award of actual damages, statutory 14 damages up to three times the amount of actual damages may be 15 awarded. 16 The bill provides that no employee of the state or of any 17 of its political subdivisions, or an employee of a county, 18 township, or municipality shall be held liable for a violation 19 of Code section 331.653A. 20 -6- LSB 5729YH (3) 90 as/js 6/ 6