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AR HB1012
Bill
Status
1/14/2013
Primary Sponsor
John Payton
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AI Summary
HB1012 Summary
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Federal employees not designated as Arkansas peace officers must obtain written permission from the county sheriff before conducting arrests, searches, or seizures in the state, unless specific exemptions apply.
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Exemptions to the permission requirement include: actions on federal enclaves with ceded jurisdiction, witnessing crimes requiring immediate arrest, customs or immigration enforcement, arresting sheriff's employees or elected officials, and cases where the subject has close connections to the sheriff.
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Federal employees seeking to arrest sheriff's employees or elected officials must obtain written permission from the Arkansas Attorney General unless delay would cause serious harm or flight; those acting under subdivision (a)(5) must always obtain Attorney General permission with a sworn statement of probable cause.
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Permission requests must include the subject's name, probable cause statement, specific assets to be seized, date and time of action, and location; must be signed by the county sheriff or Attorney General; and remain valid for 48 hours.
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Federal employees violating these requirements face prosecution by county prosecutors as private citizens, and victims may receive crime victim reparations; the state declares federal laws granting sheriffs' authority to federal employees invalid in Arkansas.
Legislative Description
To Provide For Jurisdictional Cooperation Regarding Arrests, Searches, And Seizures By Federal Employees.
Last Action
WITHDRAWN BY AUTHOR
4/6/2013