Bill Text: IA SF463 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the review of an officer-involved shooting case by a county attorney, and the jurisdiction of a peace officer to make an arrest in the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-02 - Subcommittee recommends amendment and passage. []. [SF463 Detail]
Download: Iowa-2023-SF463-Introduced.html
Senate
File
463
-
Introduced
SENATE
FILE
463
BY
DRISCOLL
A
BILL
FOR
An
Act
relating
to
the
review
of
an
officer-involved
shooting
1
case
by
a
county
attorney,
and
the
jurisdiction
of
a
peace
2
officer
to
make
an
arrest
in
the
state.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.756,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
76.
a.
In
the
case
of
an
officer-involved
3
shooting
resulting
in
the
death
or
serious
bodily
injury
of
a
4
person,
review
the
evidence
and
render
a
written
opinion
and
5
charging
decision,
convene
a
grand
jury,
or
refer
the
case
to
6
the
attorney
general
for
independent
review
and
a
charging
7
decision.
8
b.
The
results
of
the
review
shall
be
provided
promptly
to
9
the
officer
involved
or
the
officer’s
legal
counsel
and
the
10
officer’s
employing
agency.
11
c.
If
the
case
presents
a
conflict
of
interest,
the
review
12
shall
be
referred
to
an
independent
county
attorney,
the
13
attorney
general,
or
a
special
prosecutor.
14
d.
For
the
purposes
of
this
subsection,
“officer”
means
the
15
same
as
defined
in
section
801.4,
subsection
11.
16
Sec.
2.
Section
804.7,
Code
2023,
is
amended
to
read
as
17
follows:
18
804.7
Arrests
by
peace
officers.
19
1.
A
peace
officer
may
make
an
arrest
in
obedience
to
a
20
warrant
delivered
to
the
peace
officer
;
and
without
a
warrant
21
under
any
of
the
following
circumstances
:
22
1.
a.
For
a
public
offense
committed
or
attempted
in
the
23
peace
officer’s
presence.
24
2.
b.
Where
a
public
offense
has
in
fact
been
committed,
25
and
the
peace
officer
has
reasonable
ground
grounds
for
26
believing
that
the
person
to
be
arrested
has
committed
it.
27
3.
c.
Where
the
peace
officer
has
reasonable
ground
grounds
28
for
believing
that
an
indictable
public
offense
has
been
29
committed
and
has
reasonable
ground
grounds
for
believing
that
30
the
person
to
be
arrested
has
committed
it.
31
4.
d.
Where
the
peace
officer
has
received
from
the
32
department
of
public
safety,
or
from
any
other
peace
officer
of
33
this
state
or
any
other
state
or
the
United
States
an
official
34
communication
by
bulletin,
radio,
telegraph,
telephone,
or
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otherwise,
informing
the
peace
officer
that
a
warrant
has
been
1
issued
and
is
being
held
for
the
arrest
of
the
person
to
be
2
arrested
on
a
designated
charge.
3
5.
e.
If
the
peace
officer
has
reasonable
grounds
for
4
believing
that
domestic
abuse,
as
defined
in
section
236.2
,
5
has
occurred
and
has
reasonable
grounds
for
believing
that
the
6
person
to
be
arrested
has
committed
it.
7
6.
f.
As
required
by
section
236.12,
subsection
2
.
8
2.
The
authority
of
a
peace
officer
to
make
an
arrest
as
9
provided
in
subsection
1
extends
to
any
location
in
the
state.
10
Sec.
3.
Section
804.7A,
subsection
2,
unnumbered
paragraph
11
1,
Code
2023,
is
amended
to
read
as
follows:
12
A
federal
law
enforcement
officer
has
the
same
authority,
13
as
provided
in
section
804.7,
subsection
3
1
,
paragraph
“c”
,
14
and
has
the
same
immunity
from
suit
in
this
state
as
a
peace
15
officer,
as
defined
in
section
801.4,
subsection
11
,
when
16
making
an
arrest
in
this
state
for
a
nonfederal
crime
if
either
17
of
the
following
exists:
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
review
of
an
officer-involved
22
shooting
case
by
a
county
attorney,
and
the
jurisdiction
of
a
23
peace
officer
to
make
an
arrest
in
the
state.
24
The
bill
provides
that
in
the
case
of
an
officer-involved
25
shooting
resulting
in
the
death
or
serious
bodily
injury
of
26
a
person,
the
county
attorney
shall
review
the
evidence
and
27
render
a
written
opinion
and
charging
decision,
convene
a
grand
28
jury,
or
refer
the
case
to
the
attorney
general
for
independent
29
review
and
a
charging
decision.
The
results
of
the
review
30
shall
promptly
be
provided
to
the
officer
involved
or
the
31
officer’s
legal
counsel
and
the
officer’s
employing
agency.
32
If
the
case
presents
a
conflict
of
interest,
the
review
shall
33
be
referred
to
an
independent
county
attorney,
the
attorney
34
general,
or
a
special
prosecutor.
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463
The
bill
provides
that
the
authority
of
a
peace
officer
to
1
make
an
arrest
under
the
following
conditions
extends
to
any
2
location
in
the
state:
a
public
offense
committed
or
attempted
3
in
the
peace
officer’s
presence;
where
a
public
offense
has
4
in
fact
been
committed,
and
the
peace
officer
has
reasonable
5
grounds
for
believing
that
the
person
to
be
arrested
has
6
committed
it;
where
the
peace
officer
has
reasonable
grounds
7
for
believing
that
an
indictable
public
offense
has
been
8
committed
and
that
the
person
to
be
arrested
has
committed
it;
9
where
the
peace
officer
has
received
an
official
communication
10
by
bulletin,
radio,
telegraph,
telephone,
or
otherwise,
11
informing
the
peace
officer
that
a
warrant
has
been
issued
12
and
is
being
held
for
the
arrest
of
the
person
to
be
arrested
13
on
a
designated
charge;
the
peace
officer
has
reasonable
14
grounds
for
believing
that
domestic
abuse
has
occurred
and
has
15
reasonable
grounds
for
believing
that
the
person
to
be
arrested
16
has
committed
it;
or
as
required
by
Code
section
236.12(2)
17
(domestic
abuse).
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