Print Friendly HOUSE BILL NO. 495 – Misdemeanor/reasonable cause/arrest
HOUSE BILL NO. 495
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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
|||| 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
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
The purpose of this legislation is to add misdemeanor language to
when a peace officer may arrest.
No fiscal impact.
CONTACT: Representative Reed Hansen
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. H 495