Report Title:

Power of Arrest; Federal Law Enforcement Officers

Description:

Extends the power of federal officers to make arrests under state law, currently limited to Customs and Immigrations Service officers, to include agents of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Secret Service, and United States Marshal Service.

THE SENATE	S.B. NO.	52
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to the power of arrest.

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

     SECTION 1.  Section 803-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§803-16[]  Officer of United States Customs Service or Immigration and Naturalization Service;] Federal law enforcement officers; arrest powers.  [An officer of the United States Customs Service and the Immigration and Naturalization Service may,] (a)  A federal law enforcement officer, 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 defined 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 [Regional Commissioner of Customs or the Regional Commissioner of Immigration and Naturalization, as the case may be, for the district of Hawaii certifies to the State that the officer has] head of the Hawaii district office for each of the federal agencies referred to in subsection (b) provides to the attorney general a list of federal law enforcement officers certified to have received proper training within the agency to enable that officer to enforce or administer the powers granted by this section.

(b)  For purposes of this section, "federal law enforcement officer" means:

(1) A special agent of the Federal Bureau of Investigation;

(2) A special agent of the United States Secret Service;

(3) A special agent of the United States Department of Homeland Security, Citizenship and Immigration Service, or Customs and Border Protection;

(4) A special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(5) A special agent of the Drug Enforcement Administration; and

(6) A United States marshal or deputy United States marshal."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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