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HOUSE BILL NO. 495

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Daily Data Tracking History

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H0495................................by JUDICIARY, RULES AND ADMINISTRATION
MISDEMEANOR - ARREST - Amends existing law to provide that a police officer
may arrest a person when a misdemeanor has in fact been committed and just
occurred, and the officer has reasonable cause for believing the person to
have committed it.

01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Jud

Bill Text

H0495


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 495

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO WHEN A PEACE OFFICER MAY ARREST; AMENDING  SECTION  19-603,  IDAHO
 3        CODE,   TO  PROVIDE THAT A PEACE OFFICER MAY ARREST A PERSON WHEN A MISDE-
 4        MEANOR HAS IN FACT BEEN COMMITTED AND JUST OCCURRED AND  THE  OFFICER  HAS
 5        REASONABLE  CAUSE  FOR  BELIEVING THE PERSON ARRESTED TO HAVE COMMITTED IT
 6        AND TO MAKE TECHNICAL CORRECTIONS.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Section 19-603, Idaho Code, be, and the  same  is  hereby
 9    amended to read as follows:

10        19-603.  WHEN PEACE OFFICER MAY ARREST. A peace officer may make an arrest
11    in  obedience to a warrant delivered to him, or may, without a warrant, arrest
12    a person:
13        1.  For a public offense committed or attempted in his presence.
14        2.  When a person arrested has committed a felony,  although  not  in  his
15    presence.
16        3.  When  a  felony has in fact been committed and he has reasonable cause
17    for believing the person arrested to have committed it.
18        4.  On a charge made, upon a reasonable cause, of the commission of a fel-
19    ony by the party arrested.
20        5.  At night, when there is reasonable cause to believe that he  has  com-
21    mitted a felony.
22        6.  When  upon  immediate  response to a report of a commission of a crime
23    there is probable cause to believe, that the person arrested has  committed  a
24    violation  of  section  18-902  (assault),  18-903 (battery), 18-918 (domestic
25    assault or battery), 18-7905 (stalking),  or  39-6312 (violation of
26    a protection order), or 18-920 (violation of a no  contract   
27    contact  order).
28        7.    When a misdemeanor has in fact been committed and just occurred
29    and the officer has reasonable cause for believing the person arrested to have
30    committed it.
31        8.   When there is reasonable cause to believe, based upon  physical
32    evidence  observed  by  the  officer or statements made in the presence of the
33    officer upon immediate response to a report of a commission of a crime  aboard
34    an aircraft, that the person arrested has committed such a crime.

Statement of Purpose / Fiscal Impact

    





                          STATEMENT OF PURPOSE
    
      RS07419
    
    The purpose of this legislation is to add misdemeanor language to 
    when a peace officer may arrest.
    
                              FISCAL NOTE
    
    No fiscal impact.
    
    CONTACT: Representative Reed Hansen
             332-1000
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H 495