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HOUSE BILL NO. 149

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Daily Data Tracking History

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H0149................................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.

02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Jud

Bill Text

H0149


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 149

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

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

 9        19-603.  WHEN PEACE OFFICER MAY ARREST. A peace officer may make an arrest
10    in obedience to a warrant delivered to him, or may, without a warrant,  arrest
11    a person:
12        1.  For a public offense committed or attempted in his presence.
13        2.  When  a  person  arrested  has committed a felony, although not in his
14    presence.
15        3.  When a felony has in fact been committed and he has  reasonable  cause
16    for believing the person arrested to have committed it.
17        4.  On a charge made, upon a reasonable cause, of the commission of a fel-
18    ony by the party arrested.
19        5.  At  night,  when there is reasonable cause to believe that he has com-
20    mitted a felony.
21        6.  When upon immediate response to a report of a commission  of  a  crime
22    there  is  probable cause to believe, that the person arrested has committed a
23    violation of section 18-902  (assault),  18-903  (battery),  18-918  (domestic
24    assault  or  battery),  18-7905 (stalking), 39-6312 (violation of a protection
25    order), or 18-920 (violation of a no contact order).
26        7.   When a misdemeanor has in fact been committed and just  occurred
27    and the officer has reasonable cause for believing the person arrested to have
28    committed it.
29        8.    When there is reasonable cause to believe, based upon physical
30    evidence observed by the officer or statements made in  the  presence  of  the
31    officer  upon immediate response to a report of a commission of a crime aboard
32    an aircraft, that the person arrested has committed such a crime.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 08507

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 Hansen332-1000
         
         
                                     STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.   149