ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: MAPS DP 8-5-0-0


HB 2721: law enforcement officers: AZPOST

Sponsor: Representative Kavanagh, LD 23

Caucus & COW

Overview

Outlines requirements for any government committee, board, agency, department, office or entity (investigating agency) that investigates law enforcement officer (LEO) misconduct. 

History

Statute currently states that if an investigating agency consists of nonvoting members, no more than one-third may be nonvoting members of the total assembled body (Laws 2021, Chapter 403, Section 16).

Statute currently does not apply to an investigating agency that does not determine the initial level of discipline or have the authority to increase the severity of the disciplinary action, or to the Arizona peace officer standards and training board (AZPOST) (Laws 2021, Chapter 403, Section 16).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteEliminates language that states if an investigating agency consists of nonvoting members, no more than one-third can be nonvoting members. (Sec. 1)

2.   States findings from any investigating agency requires a majority vote to do any of the following:

a)   Investigate LEO misconduct;

b)   Influence or certify LEO misconduct investigations;

c)   Recommend disciplinary actions for LEO misconduct; or

d)   Impose discipline for LEO misconduct. (Sec. 1)  

3.   Specifies that the provisions do not apply to investigating agencies that only review LEO misconduct actions. (Sec. 1)

4.   States the provisions do not apply to multijurisdictional law enforcement agencies if they consist of at least two-thirds AZPOST certified LEOs. (Sec. 1)

5.   Asserts the legislature finds maintaining the standards of professionalism and integrity of LEOs as a state concern. (Sec. 1)

6.   Defines members, staff, employees or seats. (Sec. 1)

7.   Contains a retroactivity clause of January 1, 2021. (Sec. 1)

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11.                    HB 2721

12.  Initials FK  Page 0 Caucus & COW

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