Bill Text: AZ HB2648 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Police functions; revocation; officer misconduct
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-03-13 - Referred to Senate PS Committee [HB2648 Detail]
Download: Arizona-2013-HB2648-Introduced.html
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REFERENCE TITLE: police functions; revocation; officer misconduct |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2648 |
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Introduced by Representative Ugenti
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AN ACT
amending Title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.32; amending sections 41‑1821, 41‑1822 and 41‑1828.01, Arizona Revised Statutes; relating to law enforcement officers.
(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 section 9-500.32, 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officer standards and training board, which is determined where the number of police officers whose certifications have been revoked over any consecutive five-year period is the numerator and the average number of certified police officers employed by the city or town as determined by the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.
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and training board shall determine if fifty per cent or more of a city's or town's police officers certifications have been revoked pursuant to subsection A of this section and notify the state attorney general.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 of this section 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.
C. Within sixty days of 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 that would otherwise be distributed to the city or town pursuant to section 42‑5029 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 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.
Sec. 2. Section 41-1821, Arizona Revised Statutes, is amended to read:
41-1821. Arizona peace officer standards and training board; membership; appointment; term; vacancies; meetings; compensation; acceptance of grants
A. An Arizona peace officer standards and training board is established that consists of thirteen members appointed by the governor. The membership shall include:
1. Two sheriffs, one appointed from a county having a population of two three hundred thousand or more persons and the remaining sheriff appointed from a county having a population of less than two three hundred thousand persons.
2. Two chiefs of city police, one appointed from a city having a population of sixty one hundred seventy‑five thousand or more persons and the remaining chief appointed from a city having a population of less than sixty one hundred seventy‑five thousand persons, as reflected by the most recent United States decennial census.
3. A college faculty member in public administration or a related field.
4. The attorney general.
5. The director of the department of public safety.
6. The director of the state department of corrections.
7. One member who is employed in administering county or municipal correctional facilities.
8. Two certified law enforcement officers with a rank of patrolman or sergeant, with one appointed from a county sheriff's office and the other from a city police department.
9. Two public members.
B. The governor shall appoint a chairman from among the members at its first meeting and every year thereafter, except that an ex officio member shall not be appointed chairman. The governor shall not appoint more than one member from the same law enforcement agency. No board member who was qualified when appointed becomes disqualified unless the member ceases to hold the office that qualified the member for appointment.
C. Meetings shall be held at least quarterly or upon on the call of the chairman or by the written request of five members of the board or by the governor. A vacancy on the board shall occur when a member except an ex officio member is absent without the permission of the chairman from three consecutive meetings. The governor may remove a member except an ex officio member for cause.
D. The term of each regular member shall be is three years unless a member vacates the public office which that qualified the member for this appointment.
E. The board members are not eligible to receive per diem but are eligible to receive reimbursement for travel expenses pursuant to title 38, chapter 4, article 2.
F. On behalf of the board, the executive director may seek and accept contributions, grants, gifts, donations, services or other financial assistance from any individual, association, corporation or other organization having an interest in police training, and from the United States of America and any of its agencies or instrumentalities, corporate or otherwise. Only the executive director of the board may seek monies pursuant to this subsection. Such monies shall be deposited in the fund created by section 41‑1825.
G. Membership on the board shall not constitute the holding of an office, and members of the board shall not be required to take and file oaths of office before serving on the board. No member of the board shall be disqualified from holding any public office or employment nor shall such member forfeit any such office or employment by reason of such member's appointment, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
Sec. 3. Section 41-1822, Arizona Revised Statutes, is amended to read:
41-1822. Powers and duties of board; definition
A. With respect to peace officer training and certification, the board shall:
1. Establish rules for the government and conduct of the board, including meeting times and places and matters to be placed on the agenda of each meeting.
2. Make recommendations, consistent with this article, to the governor, the speaker of the house of representatives and the president of the senate on all matters relating to law enforcement and public safety.
3. Prescribe reasonable minimum qualifications for officers to be appointed to enforce the laws of this state and the political subdivisions of this state and certify officers in compliance with these qualifications. Notwithstanding any other law, the qualifications shall require United States citizenship, shall relate to physical, mental and moral fitness and shall govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of this state. The board shall constantly review the qualifications established by this section and may amend the qualifications at any time, subject to the requirements of section 41‑1823.
4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by paragraph 3 of this subsection. Training shall include:
(a) Courses in responding to and reporting all criminal offenses that are motivated by race, color, religion, national origin, sexual orientation, gender or disability.
(b) Training certified by the director of the department of health services with assistance from a representative of the board on the nature of unexplained infant death and the handling of cases involving the unexplained death of an infant.
(c) Medical information on unexplained infant death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the importance of forensically competent death scene investigations.
(d) Information on the protocol of investigation in cases of an unexplained infant death, including the importance of a consistent policy of thorough death scene investigation.
(e) The use of the infant death investigation checklist pursuant to section 36‑3506.
(f) If an unexplained infant death occurs, the value of timely communication between the medical examiner's office, the department of health services and appropriate social service agencies that address the issue of infant death and bereavement, to achieve a better understanding of these deaths and to connect families to various community and public health support systems to enhance recovery from grief.
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.
6. Make inquiries to determine whether this state or political subdivisions of this state are adhering to the standards for recruitment, appointment, retention and training established pursuant to this article. The failure of this state or any political subdivision to adhere to the standards shall be reported at the next regularly scheduled meeting of the board for action deemed appropriate by that body.
7. Employ an executive director and other staff as are necessary to fulfill the powers and duties of the board in accordance with the requirements of the law enforcement merit system council.
B. With respect to state department of corrections correctional officers, the board shall:
1. Approve a basic training curriculum of at least two hundred forty hours.
2. Establish uniform minimum standards. These standards shall include high school graduation or the equivalent and a physical examination as prescribed by the director of the state department of corrections.
3. Establish uniform standards for background investigations, including criminal histories under section 41‑1750, of all applicants before enrolling in the academy. The board may adopt special procedures for extended screening and investigations in extraordinary cases to ensure suitability and adaptability to a career as a correctional officer.
4. Issue a certificate of completion to any state department of corrections correctional officer who satisfactorily complies with the minimum standards and completes the basic training program. The board may issue a certificate of completion to a state department of corrections correctional officer who has received comparable training in another state if the board determines that the training was at least equivalent to that provided by the academy and if the person complies with the minimum standards.
5. Establish continuing training requirements and approve curricula.
C. With respect to peace officer misconduct, the board may:
1. Receive complaints of peace officer misconduct from any person, request law enforcement agencies to conduct investigations and conduct independent investigations into whether an officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.
2. Receive a complaint of peace officer misconduct from the president or chief executive officer of a board recognized law enforcement association that represents the interests of certified law enforcement officers if the association believes that a law enforcement agency refused to investigate or made findings that are contradictory to prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section. If the board finds that the law enforcement agency refused to investigate or made findings that contradicted prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section, the board shall conduct an independent investigation to determine whether the officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section and provide a letter of the findings based on the investigation conducted by the board to the president or chief executive officer of the board recognized law enforcement association who made the complaint.
3. Receive a complaint of peace officer misconduct from a county sheriff if the sheriff of the county in which the city or town is located believes that the city or town law enforcement agency refused to investigate or made findings that are contradictory to prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section. If the board finds that the city or town law enforcement agency refused to investigate or made findings that contradicted prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section, the board shall conduct an independent investigation to determine whether the officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section and provide a letter of the findings based on the investigation conducted by the board to the county sheriff who made the complaint.
D. The board may:
1. Deny, suspend, revoke or cancel the certification of an officer who is not in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.
2. Provide training and related services to assist state, tribal and local law enforcement agencies to better serve the public.
3. Enter into contracts to carry out its powers and duties.
E. This section does not create a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation.
F. For the purposes of this section, "sexual orientation" means consensual homosexuality or heterosexuality.
Sec. 4. Section 41-1828.01, Arizona Revised Statutes, is amended to read:
41-1828.01. Required law enforcement agency reporting
A. A law enforcement agency may shall report to the board any peace officer misconduct in violation of the rules for retention established pursuant to section 41‑1822, subsection A, paragraph 3 at any time and shall report this misconduct on the peace officer's termination, resignation or separation from the agency the time of DISCIPLINE.
B. On request of a law enforcement agency conducting a background investigation of an applicant for the position of a peace officer, another law enforcement agency employing, previously employing or having conducted a complete or partial background investigation on the applicant shall advise the requesting agency of any known misconduct in violation of the rules for retention established pursuant to section 41‑1822, subsection A, paragraph 3.
C. Civil liability may not be imposed on either a law enforcement agency or the board for providing information specified in subsections A and B of this section if there exists a good faith belief that the information is accurate.
