Assigned to APPROP                                                                                                             FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2168

 

use of force; reports; analysis

Purpose

            Effective January 1, 2022, requires law enforcement agencies to annually report data on use-of-force incidents to the National Use-of-Force Data Collection and the Arizona Criminal Justice Commission (ACJC). Outlines requirements for data collection and reporting and directs the ACJC to conduct a publicly available analysis of use-of-force rates.

Background

            The Federal Bureau of Investigations (FBI) created the National Use-of-Force Data Collection in 2015 to provide nationwide statistics on law enforcement use-of-force incidents. Participation in the data collection is voluntary and open to all federal, state, local and tribal law enforcement and investigative agencies. The FBI began collecting use-of-force data from law enforcement agencies on January 1, 2019, and the data collection includes national-level statistics on law enforcement use-of-force incidents and basic information on the circumstances, subjects and officers involved (FBI). In 2020, 5,030 out of 18,514 federal, state, local and tribal law enforcement agencies throughout the nation participated and provided use-of-force data. The most recent use-of-force data is available on the FBI’s Crime Data Explorer website (FBI Crime Data Explorer).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a law enforcement agency to annually report data on use-of-force incidents involving law enforcement officers to the National Use-of-Force Data Collection.

2.   Prohibits the reported data from including any identifying information on a law enforcement officer.

3.   Requires a law enforcement agency to submit the data through:

a)   the law enforcement enterprise portal administered by the FBI; or

b)   any other means that is provided by the Department of Public Service.

4.   Requires a law enforcement agency, by January 1, 2023, and each subsequent January 1, to annually report the use-of-force incident data to the ACJC.

5.   Requires the ACJC to establish procedures governing the collection and reporting of
use-of-force incident data that are consistent with the National Use-of-Force Data Collection requirements, definitions and methods.

6.   Requires the ACJC, by January 1, 2025, to conduct a comprehensive analysis of law enforcement agency use-of-force rates and update the report every five years.

7.   Requires the ACJC to release the analysis of trends and disparities in the use-of-force incident data, if available, to the public.

8.   Specifies that the use-of-force data reported to the National Use-of-Force Data Collection or ACJC is public record.

9.   Defines law enforcement agency, National Use-of-Force Data Collection, serious physical injury and use-of-force incident.

10.  Becomes effective on January 1, 2022.

House Action

CJR                 2/10/21      DPA     9-0-0-0

3rd Read          2/18/21                    50-10-0

Prepared by Senate Research

March 12, 2021

LMM/DH/kja