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THE SENATE |
S.B. NO. |
3039 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ARREST BY FEDERAL OFFICERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 803-16, Hawaii Revised Statutes, is amended to read as follows:
"§803-16 Law enforcement officers of the Federal Bureau of Investigation, the United States Immigration and Customs Enforcement-Homeland Security Investigations, or the United States Customs and Border Protection; arrest powers. A law enforcement officer of the Federal Bureau of Investigation, of the United States Immigration and Customs Enforcement-Homeland Security Investigations, or of the United States Customs and Border Protection, without a warrant, may arrest a person if:
(1) The officer is on duty;
(2) One or more of the following situations exists:
(A) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 707, against the officer or against any other person in the presence of the officer;
(B) The person commits an offense against public order, defined and punishable under chapter 711, in the presence of the officer;
(C) The officer has probable cause to believe that a crime as provided in subparagraph (A) or (B) has been committed and has probable cause to believe that the person to be arrested has committed the crime;
(D) The officer has probable cause to believe that a felony has been committed and probable cause to believe that the person to be arrested has committed the felony; or
(E) The officer has received information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a law enforcement officer holds a warrant for the person's arrest; and
(3)
The special agent in charge[,] of the Federal Bureau of
Investigation or of the United States Immigration and Customs
Enforcement-Homeland Security Investigations Honolulu[,] or the port
director of the area port of Honolulu of the United States Customs and Border
Protection, as the case may be, certifies to the State that the officer has
received proper training within the agency to enable that officer to make
arrests as provided in this section."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Arrests; Federal Officers; FBI
Description:
Authorizes law enforcement officers of the Federal Bureau of Investigation to effect arrests under the Hawaii Penal Code in limited circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.