Fifty-third Legislature                               Judiciary and Public Safety

First Regular Session                                                   S.B. 1253

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1253

(Reference to Senate engrossed bill)

 

 

 


Strike everything after the enacting clause and insert:

"Section 1.  Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1116, to read:

START_STATUTE38-1116.  Use of force incident investigation; right to view recorded video; statement

A.  In an administrative investigation of a law enforcement officer's use of force incident that resulted in a death or serious physical injury to another person, if the law enforcement officer recorded a video, both of the following apply:

1.  The administrative investigation is not complete until after the officer has an opportunity to view the recorded video and provide a clarification statement.

2.  The law enforcement officer must be read the following notice before giving a statement about the incident:

Video evidence has limitations and may depict events differently than you recall.  The video evidence may assist your memory and may assist in explaining your state of mind at the time of the incident.  Viewing video evidence may or may not provide additional clarity to what you remember.  You should not feel in any way compelled or obligated to explain any difference in what you remember and acted on from what viewing the additional evidence provides you.

B.  This section does not prohibit a law enforcement agency from adopting a policy or rule that relates to a law enforcement officer's review of that officer's recorded video.END_STATUTE"

Amend title to conform


 

 

EDDIE FARNSWORTH

 

 

1253FARNSWORTH E SE

03/03/2017

12:23 PM

H: VC/rca