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Senate Engrossed House Bill
use of force; reports; analysis |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 290
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HOUSE BILL 2168 |
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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:
38-1117. Use-of-force incidents; data collection; reports; rules; public records; definitions
A. A law enforcement agency shall collect and report use-of-force incidents involving law enforcement officers to the Arizona criminal justice commission beginning January 1, 2022. A law enforcement agency shall submit reports on use-of-force incidents to the Arizona criminal justice commission at least annually thereafter. The reported data may not include any identifying information on a law enforcement officer and the data collected and reported shall be consistent with the federal bureau of investigation's national use-of-force data collection.
B. 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.
C. The Arizona criminal justice commission shall publish the data reported during the immediate past year under subsection A of this section beginning March 1, 2023 and on or before March 1 of each year thereafter, including statewide aggregate data and agency-specific data, in a publicly available database.
D. On or before January 1, 2025, the Arizona criminal justice commission shall conduct an 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.
E. 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.
Sec. 2. Effective date
This act is effective from and after December 31, 2021.
APPROVED BY THE GOVERNOR APRIL 28, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 2021.