HOUSE OF REPRESENTATIVES	H.B. NO.	1114
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to Arrests.

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 and Border Protection Service, Federal Protective Service, or Citizenship and Immigration Services; arrest powers. (a)  An officer of the United States Customs and Border Protection Service, Federal Protective Service, or the Citizenship and Immigration Services, 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].

(b)  An officer of the Federal Protective Service, without a warrant, may arrest a person if the officer is on duty and has probable cause to believe that a violation of the Hawaii Penal Code, defined and punishable under title 37, has been committed and probable cause to believe that the person to be arrested has committed the violation on or against federal property owned or possessed by the United States government and persons thereon, or any street, sidewalk, or property adjacent thereto.

     [(3)] (c)  The Director of the Hawaii district office for the Customs and Border Protection Service, Federal Protective Service, or the Citizenship and Immigration Services, as the case may be, [certifies] shall certify to the State that the officer has received proper training within the agency to enable that officer to enforce or administer this section."

     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:

_____________________________

Report Title:

Arrests; Federal Protective Service

Description:

Authorizes Federal Protective Service officers to arrest a person for an offense under the Hawaii Penal Code without a warrant under specified conditions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.