Bill Text: AZ HB2215 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered

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Bill Title: Probation officers; witness; representation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-04-05 - Governor Signed [HB2215 Detail]

Download: Arizona-2012-HB2215-Chaptered.html

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House Engrossed

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

 

CHAPTER 201

 

HOUSE BILL 2215

 

 

AN ACT

 

amending section 38‑1106, Arizona Revised Statutes; relating to probation officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 38-1106, Arizona Revised Statutes, is amended to read:

START_STATUTE38-1106.  Law enforcement or probation officers as witnesses; right to representation; confidential information; definitions

A.  If a law enforcement officer or probation officer is designated as a witness by the law enforcement officer's or probation officer's employer in an investigation that could lead to another law enforcement officer's or probation officer's dismissal, demotion or suspension, the witness law enforcement officer or probation officer may request to have a representative present at no cost to the employer during the witness interview.  Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness law enforcement officer's or probation officer's representative may be from the witness law enforcement officer's or probation officer's professional membership organization.

B.  The witness law enforcement officer or probation officer shall answer all questions asked by the law enforcement officer's or probation officer's department investigator, and information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness law enforcement officer or probation officer is served with a notice of investigation by the employer or the witness law enforcement officer or probation officer is released from the confidentiality requirements of this section.

C.  The witness law enforcement officer or probation officer may discuss the law enforcement officer's or probation officer's witness interview with the witness law enforcement officer's or probation officer's representative or the representative's legal counsel.  If the witness law enforcement officer or probation officer or the witness law enforcement officer's or probation officer's representative releases information without authorization, the employer may subject the witness law enforcement officer or probation officer or the witness law enforcement officer's or probation officer's representative to disciplinary action.

D.  This section does not preempt agreements that supplant, revise or otherwise alter the provisions of this section, including preexisting agreements between the employer and the witness law enforcement officer or probation officer or the witness law enforcement officer's or probation officer's professional membership organization.

E.  For the purposes of this section: , 

1.  "Law enforcement officer" means:

1.  (a)  An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.

2.  (b)  A detention officer or correction corrections officer, other than a juvenile detention officer or probationary employee, who is employed by this state or a political subdivision of this state.

2.  "Probation officer" means a probation officer or surveillance officer, other than a probationary employee, who is employed by this state or a political subdivision of this state. END_STATUTE

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 5, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2012.