Bill Text: IA SF456 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring written permission from a county sheriff before an arrest, search, or seizure may be conducted within a county under the county sheriff's jurisdiction by any federal or out-of-state law enforcement officer or agent and any Iowa law enforcement officer or agent from outside the county sheriff's jurisdiction.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-28 - Subcommittee: Shipley, Quirmbach, and Rowley. S.J. 439. [SF456 Detail]
Download: Iowa-2023-SF456-Introduced.html
Senate
File
456
-
Introduced
SENATE
FILE
456
BY
SALMON
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.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
331.652,
subsection
1,
unnumbered
1
paragraph
1,
Code
2023,
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
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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.
22
d.
The
intended
subject
of
the
arrest,
search,
or
seizure
23
is
the
county
sheriff
that
has
been
deputized
by
an
outside
24
agency,
in
which
case
written
permission
is
required
by
the
25
state
attorney
general.
26
e.
The
law
enforcement
officer
or
agent
has
probable
27
cause
to
believe
that
the
subject
of
the
arrest,
search,
or
28
seizure
has
close
connections
with
the
county
sheriff,
which
29
connections
are
likely
to
result
in
the
subject
being
informed
30
of
the
impending
arrest,
search,
or
seizure,
in
which
case
31
written
permission
is
required
by
the
state
attorney
general.
32
5.
A
federal
or
out-of-state
law
enforcement
officer
or
33
agent
and
an
Iowa
law
enforcement
officer
or
agent
from
outside
34
a
county
sheriff’s
jurisdiction
who
conducts
an
arrest,
search,
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or
seizure
or
attempted
arrest,
search,
or
seizure
in
violation
1
of
subsection
1
shall
be
charged
with
and
prosecuted
for
the
2
following
offenses
by
the
applicable
county
attorney:
3
a.
Kidnapping,
if
an
arrest
or
attempted
arrest
occurs.
4
b.
Trespass,
if
a
search
or
attempted
search
occurs.
5
c.
Theft,
if
a
seizure
or
attempted
seizure
occurs.
6
d.
Homicide,
if
loss
of
life
occurs.
7
e.
Any
other
applicable
criminal
offense.
8
6.
A
county
sheriff;
county
attorney;
the
governor;
the
9
lieutenant
governor;
the
attorney
general;
the
United
States
10
department
of
justice;
the
federal
bureau
of
investigation;
the
11
federal
bureau
of
alcohol,
tobacco,
firearms
and
explosives;
12
and
any
other
appropriate
agency
or
department
shall
be
13
provided
copies
of
the
provisions
contained
in
this
section.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
requires
written
permission
from
a
county
sheriff
18
before
an
arrest,
search,
or
seizure
may
be
conducted
within
a
19
county
under
the
county
sheriff’s
jurisdiction
by
any
federal
20
or
out-of-state
law
enforcement
officer
or
agent
and
any
Iowa
21
law
enforcement
officer
or
agent
from
outside
the
county
22
sheriff’s
jurisdiction.
23
The
bill
provides
that
the
county
sheriff
is
the
chief
24
law
enforcement
officer
of
the
county
in
which
the
sheriff
25
is
elected.
Except
as
otherwise
provided,
all
federal
and
26
out-of-state
law
enforcement
officers
or
agents
and
all
Iowa
27
law
enforcement
officers
and
agents
from
outside
a
county
28
sheriff’s
jurisdiction
must
receive
the
written
permission
of
29
the
county
sheriff
or
the
sheriff’s
designee
prior
to
making
30
an
arrest
or
conducting
a
search
or
seizure
within
the
county
31
under
the
county
sheriff’s
jurisdiction.
The
bill
specifies
32
the
information
that
must
be
contained
in
the
written
request.
33
The
request
must
be
submitted
in
person
and
must
be
signed
by
34
the
county
sheriff
or
sheriff’s
designee
to
constitute
valid
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permission.
Permission
is
valid
for
48
hours
after
it
is
1
signed.
2
The
bill
provides
that
a
law
enforcement
officer
or
other
3
agent
not
designated
by
state
law
as
an
Iowa
peace
officer
may
4
make
an
arrest,
search,
or
seizure
in
this
state
without
the
5
written
permission
of
the
county
sheriff
or
sheriff’s
designee
6
of
the
county
in
which
the
arrest,
search,
or
seizure
is
to
7
occur
if
any
of
the
following
circumstances
exist:
the
arrest,
8
search,
or
seizure
will
take
place
in
a
federal
enclave
for
9
which
jurisdiction
has
been
lawfully
ceded
to
the
United
States
10
by
state
law;
the
law
enforcement
officer
or
agent
witnesses
11
the
commission
of
a
crime,
the
nature
of
which
requires
an
12
immediate
arrest,
as
authorized
by
law;
the
intended
subject
13
of
the
arrest,
search,
or
seizure
is
an
employee
of
the
county
14
sheriff’s
office
or
is
an
elected
county
or
state
officer,
in
15
which
case
written
permission
is
required
by
the
state
attorney
16
general;
the
intended
subject
of
the
arrest,
search,
or
seizure
17
is
the
county
sheriff
that
has
been
deputized
by
an
outside
18
agency,
in
which
case
written
permission
is
required
by
the
19
state
attorney
general;
or
the
law
enforcement
officer
or
agent
20
has
probable
cause
to
believe
that
the
subject
of
the
arrest,
21
search,
or
seizure
has
close
connections
with
the
county
22
sheriff,
which
connections
are
likely
to
result
in
the
subject
23
being
informed
of
the
impending
arrest,
search,
or
seizure,
in
24
which
case
written
permission
is
required
by
the
state
attorney
25
general.
26
The
bill
provides
that
a
federal
or
out-of-state
law
27
enforcement
officer
or
agent
and
an
Iowa
law
enforcement
28
officer
or
agent
from
outside
a
county
sheriff’s
jurisdiction
29
who
conducts
an
arrest,
search,
or
seizure
or
attempted
arrest,
30
search,
or
seizure
in
violation
of
the
bill
shall
be
charged
31
with
and
prosecuted
for
the
following
offenses
by
the
county
32
attorney:
kidnapping,
if
an
arrest
or
attempted
arrest
occurs;
33
trespass,
if
a
search
or
attempted
search
occurs;
theft,
if
a
34
seizure
or
attempted
seizure
occurs;
homicide,
if
loss
of
life
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occurs;
or
any
other
applicable
criminal
offense.
1
The
bill
specifies
that
a
county
sheriff;
county
attorney;
2
the
governor;
the
lieutenant
governor;
the
state
attorney
3
general;
the
United
States
department
of
justice;
the
federal
4
bureau
of
investigation;
the
federal
bureau
of
alcohol,
5
tobacco,
firearms
and
explosives;
and
any
other
appropriate
6
agency
or
department
shall
be
provided
copies
of
the
provisions
7
contained
in
the
bill.
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