1. Whether or not a warrant has been issued, a peace officer may arrest a person if the peace officer: (a) Has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon: (1) A person with whom he or she is actually residing; (2) A sibling, if the person is not the custodian or guardian of the sibling; or (3) A cousin, if the person is not the custodian or guardian of the cousin; and (b) Had a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service. 2. Whether or not a warrant has been issued, a peace officer may arrest a person if the peace officer: (a) Has probable cause to believe that the person to be arrested has, within the immediately preceding 7 days, committed a battery upon: (1) A person with whom he or she is actually residing; (2) A sibling, if the person is not the custodian or guardian of the sibling; or (3) A cousin, if the person is not the custodian or guardian of the cousin; and (b) Did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service. 3. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
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