THE SENATE

S.B. NO.

3039

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ARREST BY FEDERAL OFFICERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The purpose of this Act is to authorize law enforcement officers of the Federal Bureau of Investigation to effect arrests for certain state offenses.

     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.

 

INTRODUCED BY:

_____________________________

 

 

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.