House Engrossed

critical incident bureau; establishment; DPS

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

HOUSE BILL 2650

An Act

amending section 41-1712, Arizona Revised Statutes; amending title 41, chapter 12, Arizona Revised Statutes, by adding article 4.1; appropriating monies; relating to public safety.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-1712, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1712. Organization of department; divisions

A. The department shall consist of the following divisions:

1. Arizona highway patrol.

2. Narcotics enforcement and criminal investigation.

3. Scientific criminal analysis.

4. Training and education.

5. Major incident division.

B. The department may establish district headquarters and stations at various places in the state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations.

C. The director may establish other divisions or reserves or reorganize or consolidate the department. END_STATUTE

Sec. 2. Title 41, chapter 12, Arizona Revised Statutes, is amended by adding article 4.1, to read:

ARTICLE 4.1. MAJOR INCIDENT DIVISION

START_STATUTE41-1762. Major incident division; superintendent; qualifications; powers; jurisdiction; definition

A. Subject to legislative appropriation, the department shall maintain a division known as the major incident division.

B. The superintendent of the major incident division shall be selected on the basis of training and experience and have a minimum of five years of EXPERIENCE in the ADMINISTRATION of law enforcement and be a certified peace officer.

C. The director may adopt rules governing the policies, procedures and administration of all activities of the major INcident division.

D. The major incident division shall:

1. Use investigators who are certified by the Arizona peace officer standards and training BOARD and who have successfully completed investigative courses identified by the director and approved by the Arizona peace officer standards and training BOARD to conduct INDEPENDENT investigations of critical force incidents. Each law enforcement agency in this state shall require the major INCIDENT division, a regional law enforcement task force or another law enforcement agency to perform the criminal investigation of any critical force incidents in this state.

2. At the written request of a chief of police or a county sheriff, investigate a criminal allegation against a peace officer employed by the law enforcement agency.

E. FOR THE PURPOSES OF THIS SECTION, "CRITICAL FORCE INCIDENT" MEANS:

1. ANY DISCHARGE OF A FIREARM BY A PEACE OFFICER, DUE TO A USE OF FORCE ENCOUNTER, REGARDLESS OF WHETHER IT RESULTS IN the INJURY OR DEATH OF An INDIVIDUAL.

2. AN INCIDENT INVOLVING a peace officer's INTENDED USE OF DEADLY FORCE or use of force BY ANY OTHER MEANS that results in death or serious bodily injury of another person, EITHER DURING AN ON-DUTY INCIDENT OR OFF-DUTY INCIDENT WHILE ACTING UNDER THE COLOR OF AUTHORITY. END_STATUTE

Sec. 3. Appropriations; major incident division; task forces; exemption

A. The sum of $24,400,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of public safety to establish and maintain a major incident division.

B. The sum of $600,000 is appropriated from the state general fund in fiscal year 2022-2023 to the Arizona criminal justice commission to distribute to regional law enforcement task forces.

C. The appropriations made in subsection A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

Sec. 4. Effective date

Section 41-1712, Arizona Revised Statutes, as amended by this act, and title 41, chapter 12, article 4.1, Arizona Revised Statutes, as added by this act, are effective from and after June 30, 2025.