Bill Text: IA HF2433 | 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, establishing a private right of action, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-12 - Introduced, referred to Judiciary. H.J. 238. [HF2433 Detail]
Download: Iowa-2023-HF2433-Introduced.html
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
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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
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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
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
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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.
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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
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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
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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.
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