Limit Arrest For Low-level Offenses

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a petty offense, except for petty theft, a drug petty offense, a class 2 traffic misdemeanor or comparable municipal offense, and all municipal offenses for which there is no comparable state misdemeanor offense, unless the location of the person is unknown and the issuance of an arrest warrant is necessary in order to subject the person to the jurisdiction of the court.

The bill does not limit a peace officer's authority to arrest a person for an alleged offense:

• For which custodial arrest is statutorily required;
• That is a victim rights act crime;
• For a driving under the influence or a driving while impaired offense or a municipal offense with substantially similar elements;
• That is a traffic offense involving death or bodily injury or a municipal offense with substantially similar elements;
• That is eluding or attempting to elude a police officer or a municipal offense with substantially similar elements; or
• That is operating a vehicle after circumventing an interlock device or a municipal offense with substantially similar elements.

The bill does not limit a peace officer's authority to execute an arrest warrant or require a court or sheriff as a matter of jail administration to verify compliance with the bill.

(Note: This summary applies to this bill as introduced.)