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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2477 |
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AN ACT
amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38-1105; 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 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1105, to read:
38-1105. Law enforcement officers as witnesses; right to representation; confidential information; definition
A. If a law enforcement officer is designated as a witness by the law enforcement officer's employer in an investigation that could lead to another law enforcement officer's dismissal, demotion or suspension, the law enforcement officer may request to have a representative of the law enforcement officer present at no cost to the employer during the witness interview.
B. The law enforcement officer shall answer all questions asked by the law enforcement 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 subject of the interview is served with a notice of investigation by the employer and any admonitions ordered by the employer are retracted.
C. The law enforcement officer witness may discuss the law enforcement officer's witness interview with the law enforcement officer's employee representative or the employee representative's legal counsel. If the employee releases information without authorization, the employer may subject the employee who released the information to disciplinary action.
D. For the purposes of this section, "law enforcement officer" means:
1. 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. A detention officer or correction officer, other than a juvenile detention officer or probationary employee, who is employed by this state or a political subdivision of this state.