House Engrossed

 

use of force; reports; analysis

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

HOUSE BILL 2168

 

 

 

AN ACT

 

amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38-1117; relating to law enforcement.

 

 

(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 38-1117, to read:

START_STATUTE38-1117. Use-of-force incidents; data collection; reports; rules; public records; definitions

A. A law enforcement agency shall report data to the National Use-of-Force Data Collection on use-of-force incidents involving law enforcement officers at least annually. The reported data may not include any identifying information on a law enforcement officer. A law enforcement agency shall submit the report through the Law Enforcement Enterprise Portal that is administered by the Federal Bureau of Investigation or by any other means that is provided by the department of public safety.

B. On or before January 1, 2023 and on or before January 1 of each year thereafter, A law enforcement agency shall report the data collected pursuant to subsection A of this section to the Arizona criminal justice commission.

C. the Arizona criminal justice commission shall establish procedures governing the collection and reporting of use-of-force incident data that are consistent with the requirements, definitions and methods of the National Use-of-Force Data Collection.

D. The data reported pursuant to this section is a public record.

E. On or before January 1, 2025, the Arizona criminal justice commission shall conduct a comprehensive analysis of law enforcement agency use-of-force rates reported pursuant to this section and shall release the analysis of trends or disparities in the use-of-force incident data, if any, to the public. The Arizona criminal justice commission shall update this report at least once every five years.

F. For the purposes of this section:

1. "Law enforcement agency" means a law enforcement agency of this State or a political subdivision of this State, including the department of public safety, a municipal, city, town, county and tribal police agency, a sheriff and special jurisdiction police.

2. "National use-of-force data collection" means the national use-of-force data collection that is established and administered by the federal bureau of investigation to provide nationwide statistics on law enforcement use-of-force incidents.

3. "serious physical injury" has the same meaning prescribed in section 13-105.

4. "Use-of-force incident" means an incident in which any of the following occurs:

(a) A law enforcement officer's use of force is connected to a person's death.

(b) A law enforcement officer's use of force is connected to a person receiving a serious physical injury.

(c) in the absence of death or serious physical injury, a law enforcement officer discharged a firearm at or in the direction of a person. END_STATUTE

Sec. 2. Effective date

This act is effective from and after December 31, 2021.