Senate Bill 1856 (2022) — Citizen arrests
SB 1856
Florida Bills
Florida Senate - 2022 SB By Senator Pizzo 38-01731A-22 20221856__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to citizen arrests; creating s. 2 901.001, F.S.; providing legislative intent regarding the abrogation of the common law remedy of citizen’s arrest; prohibiting a private person who is not a law enforcement officer from arresting another person for any violation of state law; providing an exception for law enforcement officers acting outside of their jurisdictions; providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section
Section 901.001, Florida Statutes, is created to read: 14 901.001 Citizen’s arrest.— 15
(1) It is the intent of the Legislature to abrogate any common law remedy of citizen’s arrest. The Legislature recognizes a citizen’s interest in protecting property and persons, but it does not require a duty to assist or intervene. 19
(2) A private person who is not a law enforcement officer, 20 as defined in s. 943.10(1), may not arrest another person for a violation of the laws of this state. 22
(3) This
section does not apply to a person who is a law enforcement officer, as defined in s. 943.10(1), who is acting outside of his or her jurisdiction. 25