Bill Text: AZ HB2018 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Missing child; reporting; offense
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2012-05-03 - House minority caucus: Do pass [HB2018 Detail]
Download: Arizona-2012-HB2018-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2018 |
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding sections 9‑500.32 and 9‑500.33; amending title 11, chapter 3, article 2, Arizona Revised Statutes, by adding section 11‑453; amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3626; providing for the delayed repeal of section 9‑500.32, Arizona Revised Statutes, as added by this act; relating to law enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding sections 9-500.32 and 9-500.33, to read:
9-500.32. Revocation of peace officer certification; loss of authority to establish and regulate police; law enforcement regulation by county; reimbursement; reinstatement
A. A city or town does not have the authority prescribed by this title to establish, regulate, appoint or remove the police of the city or town and to prescribe their powers and duties if fifty per cent or more of the city's or town's police officers have had their peace officer certifications revoked by the Arizona peace officer standards and training board, which is determined where the number of police officers whose certifications have been revoked over any consecutive eight year period is the numerator and the average number of certified police officers employed by the city or town as determined by the city or town police department's peace officer standards training certification records over the same period of time is the denominator. The consecutive eight year period may not encompass any year before 2003.
B. The Arizona peace officer standards and training board shall determine if fifty per cent or more of a city's or town's police officers certifications have been revoked pursuant to subsection A of this section and notify the state attorney general. The attorney general shall confirm that the provisions of subsection A of this section have been met. If the provisions of subsection a have been Met, the attorney general shall notify the county board of supervisors of the county in which the city or town is located. on agreement by the board of supervisors, the board, by majority vote, shall notify the city or town and the city or town shall forfeit control of the law enforcement authority of the city or town. The board of supervisors shall notify the county sheriff of the determination and the county sheriff shall immediately assume the law enforcement functions within the city or town. Any process for determination of forfeiture of control of a law enforcement authority of a city or town described in this subsection shall be completed before December 31, 2012.
C. Within sixty days after the board of supervisor's notification to the county sheriff, the city or town shall reimburse the county sheriff for all reasonable costs for providing such law enforcement functions within the city or town. The board of supervisors shall determine reasonable costs by using the average of the monies budgeted for law enforcement functions over the three previous fiscal years. In any year in which the county sheriff assumes the law enforcement functions of the city or town, the county sheriff's cost shall not exceed the average of the monies budgeted for law enforcement functions over the three previous fiscal years. If a city or town fails to reimburse the county for the cost of providing the law enforcement functions, on notification by the county, the state treasurer shall withhold from the monies otherwise payable to the city or town as provided by section 42‑5029, subsection J the amount computed by the county to provide the law enforcement functions and transmit these monies to the county.
D. Within six months after the county sheriff has assumed the law enforcement functions within the city or town, the sheriff, in consultation with the county board of supervisors and the city or town, shall begin to prepare a written report that shall include at least:
1. The causes of the revocations of peace officer certifications.
2. A cost analysis for the assumption of the law enforcement functions by the city or town.
3. A list of training requirements, policies and procedures intended to remedy the reasons for revocations determined pursuant to subsection B of this section.
E. The county sheriff shall forward a copy of the report to the attorney general.
F. After five years from forfeiting control of the law enforcement functions, the city or town may make a request to the board of supervisors to reinstate control of the law enforcement functions to the city or town. Within sixty days after receiving such a request, the board of supervisors shall act on the matter and if a majority vote of the board agrees, the board shall reinstate control of the law enforcement functions back to the city or town.
G. This section does not give a city or town or a law enforcement agency any legal interest or standing in an Arizona peace officer standards and training board proceeding involving the certification of any of the law enforcement agency's police officers.
9-500.33. Municipal law enforcement agencies; reporting; missing children
A. On or before September 1 of each year, each municipal law enforcement agency in this state shall electronically submit a report to the Arizona peace officer standards and training board on the number of missing child reports received pursuant to section 13-3626 during the previous year.
B. The Arizona peace officer standards and training board shall make this information available electronically on its website by November 1 of each year.
Sec. 2. Title 11, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 11-453, to read:
11-453. Reporting of missing child reports
A. On or before September 1 of each year, the sheriff of each county shall electronically submit a report to the Arizona peace officer standards and training board on the number of missing child reports received pursuant to section 13-3626 during the previous year.
B. The Arizona peace officer standards and training board shall make this information available electronically on its website by November 1 of each year.
Section 3. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3626, to read:
13-3626. Duty to report missing child; classification
A. A parent, stepparent, guardian or person who has the care, custody or control of a minor under nine years of age and who knows or has reason to know that the minor has been missing for a period of more than twenty-four hours shall report the minor as missing as soon as reasonably possible to a law enforcement agency.
B. A violation of this section is a class 5 felony.
Sec. 4. Delayed repeal
Section 9‑500.32, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2018.
Sec. 5. Arizona peace officer standards and training board; certification of police agencies; report
The Arizona peace officer standards and training board shall examine the issue of whether the board should also certify police agencies as to the police agency's ability to enforce the laws of this state and the political subdivisions of this state based on qualifications that the board determines are necessary to ensure such enforcement. On or before December 1, 2013, the board shall report its findings and make recommendations to the governor, the president of the senate and the speaker of the house of representatives and forward a copy of the report to the secretary of state.
Sec. 6. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
