Page 2,
line 18, after the first "or" strike remainder
of line
Page 4,
lines 18 and 19, strike "12-700" insert "12-270"
Page 6, between
lines 26 and 27, insert:
"(c) A probationer whose probation is terminated on serving a
sentence in a county jail in lieu of probation revocation for a new crime or
technical violation."
Page 16,
after line 43, insert:
"Sec. 16. Section
38-1117, Arizona Revised Statutes, as added by Laws 2021, chapter 322, section
1, is amended to read:
START_STATUTE38-1117. Law
enforcement officer investigation and discipline committee, board, agency, department,
entity or person; membership; qualifications; exceptions; statewide concern
A. Notwithstanding
any other law, any person, or at least two-thirds
of the voting membership of any government committee, board,
agency, department or entity, that investigates
law enforcement officer misconduct, that influences the conduct of or certifies
law enforcement officer misconduct investigations, that recommends disciplinary
actions for law enforcement officer misconduct or that imposes discipline for
law enforcement officer misconduct must be Arizona peace
officer standards and training board certified law enforcement officers who are
of any rank and who are from the same department or agency as the law
enforcement officer who is the subject of the investigation or disciplinary
action. If the committee, board, agency, department or
entity consists of nonvoting members, not more than one-third of the
members may be nonvoting members.
B. If
a the person or committee,
board, agency, department or entity does not meet the
requirements prescribed in subsection A of this section, a supervisor, a
department or an agency head that supervises a law enforcement officer may
investigate and impose discipline for a law enforcement officer's misconduct if
the supervisor, department or agency head acts independently of the person, committee, board, agency, department or
entity.
C. This
section does not apply to either of the following:
1. A
person or A governmental review committee, board, agency, department or entity that only reviews
the actions described in subsection A of this section and that does not
determine the initial level of discipline or have the authority to increase the
severity of the disciplinary action.
D. 2. The
requirement prescribed in subsection A of this section that members of the
government committee, board or entity be from the same department or agency
does not apply to The Arizona peace officer standards and training
board.
D. The legislature
finds that setting and maintaining standards of professionalism and integrity
of law enforcement officers in this state are of statewide concern. END_STATUTE
Sec. 17. Section
38-1161, Arizona Revised Statutes, as added by Laws 2021, chapter 338,
section 1, is amended to read:
START_STATUTE38-1161. Civilian
review board members; required training; statewide concern; exception;
definition
A. Before
a person becomes a member of a civilian review board that reviews the actions
of peace officers in this state, the person must satisfactorily
complete either:
1. Satisfactorily complete either:
(a) A
community college police academy.
2. (b) A total of eighty hours of
Arizona peace officer standards and training board certified training in the
following subjects:
(a) (i) Arizona law on use of force justification.
(b) (ii) Dynamics of use of force encounters.
(c) (iii) Dynamics of de-escalation.
(d) (iv) Body-worn camera capabilities and limitations.
(e) (v) In custody In-custody
deaths.
(f) (vi) Criminal and administrative investigations and
representative due process.
(g) (vii) Twenty hours of simulated event law enforcement
training, which shall count toward the eighty hours of training.
2. Be
currently, or has previously been, certified by the Arizona peace officer
standards and training board.
B. Members
currently serving on civilian review boards shall complete the training
required by this section within one year of after the effective date of this section.
C. The
legislature finds that setting and maintaining standards of professionalism and
integrity of peace officers in this state are of statewide concern.
D. This
section does not apply to a member of the Arizona peace officer standards and
training board.
C. E. For
the purposes of this section, "civilian review board" means a person or a committee, board, agency,
department or entity that is comprised entirely or partially of civilian
appointees and that does any of the following:
1. Receives
community complaints about the actions taken by employees of a state or local
law enforcement agency.
2. Reviews,
monitors, audits or participates in internal investigations of employees of
state or local law enforcement agencies.
3. Recommends
policy changes or disciplinary measures to state or local law enforcement
agencies regarding actions taken by an employee of the agency.
4. Issues
reports or information about actions taken by an employee of a state or local
law enforcement agency.
5. Investigates
law enforcement officer conduct or misconduct, influences the conduct of or
certifies law enforcement officer conduct or misconduct investigations,
recommends disciplinary actions for law enforcement officer misconduct or
imposes discipline for law enforcement officer misconduct. This
paragraph does not apply to a person or a committee, board, agency, department
or entity that
only reviews the actions of another person or committee, board, agency,
department or entity and does not determine the initial level of discipline or
have the authority to increase the level of discipline. END_STATUTE
Sec. 18. Section
41-194.01, Arizona Revised Statutes, is amended to read:
START_STATUTE41-194.01. Violations
of state law by counties, cities and towns; attorney general investigation;
report; withholding of state shared revenues
A. At
the request of one or more members of the legislature, the attorney general
shall investigate any ordinance, regulation, order or other official action
adopted or taken by the governing body of a county, city or town or any policy, rule or regulation adopted by any agency, department or
other entity of the county, city or town that the member alleges
violates state law or the Constitution of Arizona.
B. The
attorney general shall make a written report of findings and conclusions as a
result of the investigation within thirty days after receipt of the request and
shall provide a copy of the report to the governor, the president of the
senate, the speaker of the house of representatives, the member or members of
the legislature making the original request and the secretary of state. If the
attorney general concludes that the ordinance, regulation, order or other
action under investigation:
1. Violates
any provision of state law or the Constitution of Arizona, the attorney general
shall provide notice to the county, city or town, by certified mail, of the
violation and shall indicate that the county, city or town has thirty days to
resolve the violation. If the attorney general determines that the
county, city or town has failed to resolve the violation within thirty days,
the attorney general shall:
(a) Notify
the state treasurer who shall withhold and redistribute state shared monies
from the county, city or town as provided by section 42-5029, subsection
L and from the city or town as provided by section 43-206, subsection F.
(b) Continue
to monitor the response of the governing body, and when the offending
ordinance, regulation, order or action is repealed or the violation is
otherwise resolved, the attorney general shall notify:
(i) The
governor, the president of the senate, the speaker of the house of
representatives and the member or members of the legislature making the
original request that the violation has been resolved.
(ii) The
state treasurer to restore the distribution of state shared revenues to the
county, city or town.
2. May
violate a provision of state law or the Constitution of Arizona, the attorney
general shall file a special action in the supreme court
to resolve the issue, and the supreme court shall give the action precedence
over all other cases. The court shall require the county, city or town to post
a bond equal to the amount of state shared revenue revenues paid to the county, city or town pursuant to section sections 42-5029 and 43-206
in the preceding six months.
3. Does
not violate any provision of state law or the Constitution of Arizona, the
attorney general shall take no further action pursuant to this section." END_STATUTE
Renumber to
conform
Page
18, line 8, strike "Body-worn camera"
Line
9, strike "; definition"
Lines
11 and 27, strike "from a peace officer's body-worn
camera"
Page 19,
lines 2 and 3, strike "from a peace officer's body-worn
camera"
Strike lines
23 and 24
Page 22,
after line 7, insert:
"Sec. 28. Retroactivity
The
following apply retroactively to from and after December 31, 2020:
1. Laws
2021, chapter 322, section 1.
2. Laws
2021, chapter 338, section 1.
3. Section
38-1117, Arizona Revised Statutes, as amended by this act.
4. Section
38-1161, Arizona Revised Statutes, as amended by this act."
Amend title to conform
Bill
Number: S.B. 1821