HB2675 - 572R

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

Section 1. Section 22-131, Arizona Revised Statutes, is amended to read:

START_STATUTE22-131. Constables; powers and duties; prohibited acts

A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties shall execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.

B. Constables shall attend the training prescribed in section 22-137.

C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41-1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing.

D. The provisions of law relating to sheriffs, as far as applicable, govern the powers, duties and liabilities of constables.

E. A constable who is duly elected or who is appointed by the board of supervisors and who is certified by the arizona peace officer standards and training board has the authority of a peace officer only in the performance of the constable's official duties.

F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed.

G. A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties. A constable shall not own an interest in any entity that operates a private process serving business.

H. An elected or appointed constable may request training from the constable ethics standards and training board. If approved by the board, the training shall be paid for with board monies and provided by a constable who is selected by the board and who has completed the mandatory basic training course prescribed in section 22-137. The constable who is selected to provide the training may provide that training in any county of this state. END_STATUTE

Sec. 2. Section 22-137, Arizona Revised Statutes, is amended to read:

START_STATUTE22-137. Constable ethics standards and training board; powers and duties; judicial review; constable training; definition

A. The constable ethics standards and training board shall:

1. Adopt rules for the administration and conduct of the board, including meeting times, meeting places and matters to be placed on the agenda of each meeting, and for the distribution of monies in the constable ethics standards and training fund pursuant to section 22-138.

2. Adopt a code of conduct for constables and adopt rules to enforce the code of conduct.

3. Establish procedures for conducting confidential investigations and holding hearings.

4. Hear and investigate written complaints from any person involving a constable's ethical conduct.

5. Remedy a constable's inappropriate behavior by:

(a) Mediating.

(b) Issuing warnings, reprimands or admonishments.

(d) Urging a constable to resign from office.

(e) Placing a constable on probation for up to thirty days, except that after the initial thirty days of probation if the constable is making progress on probation but the constable's behavior is not yet compliant, the board may extend probation in additional thirty-day increments up to a total length of probation of one hundred eighty days.

(f) Recommending to the board of supervisors that a constable who has previously been placed on probation be suspended from performing the constable's duties without pay for any specified length of time not to exceed the remainder of the constable's term.

6. Adopt a standardized daily activity log for constables that is approved by the director of the Arizona peace officer standards and training board and that complies with section 11-445, subsections I and J.

B. The board may:

1. Employ an executive director and other staff necessary to fulfill the powers and duties of the board.

2. Enter into contracts and interagency agreements to carry out its powers and duties.

3. Certify organizations to provide training and support programs for constables.

4. Provide support grants to constables for local or statewide training programs.

5. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses, including constables, and the production of books, papers, records, documents and other information relating to any investigation or hearing.

C. If the board determines that a constable has committed a criminal act, the board shall refer the investigation to the county attorney's office in the county in which the conduct at issue occurred. The board shall submit the investigation's findings to the county attorney. If the county attorney determines that a crime has not occurred or does not file a criminal complaint against the constable, the board shall adjudicate the complaint pursuant to subsection A, paragraph 5 of this section.

D. A constable may seek judicial review of a final order that is issued by the board of supervisors suspending the constable in the superior court in the county in which the constable is elected or appointed. Judicial review shall be conducted pursuant to title 12, chapter 7, article 6. Judicial review must be commenced pursuant to section 12-904.

E. The Arizona peace officer standards and training board shall approve a mandatory basic training course for newly elected constables covering topics including civil and criminal process, conflict resolution and firearm safety and shall certify those constables who complete the required training courses. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of complete any additional training approved or required by the Arizona peace officer standards and training board. The constable ethics standards and training board may approve additional training courses for constables. The constable ethics standards and training fund established by section 22-138 may be used for constable training. Copies of certificates of completion of the constable training shall be forwarded to the constable ethics standards and training board within thirty days after completion.

F. This section does not:

1. Create a cause of action or a right to bring an action against the board.

2. Preclude a prosecuting agency from filing charges against a constable.

G. The board of supervisors may accept or modify a recommendation to suspend a constable from performing the constable's duties without pay pursuant to subsection A, paragraph 5 of this section. The board of supervisor's determination is final unless a constable seeks judicial review pursuant to subsection D of this section.

H. For the purposes of this section, "constable" includes a deputy constable who is appointed, employed or authorized by the county board of supervisors. END_STATUTE

Sec. 3. Section 41-1822, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1822. Powers and duties of board; definition

A. With respect to peace officer training and certification, the board shall:

1. Establish rules for the government and conduct of the board, including meeting times and places and matters to be placed on the agenda of each meeting.

2. Make recommendations, consistent with this article, to the governor, the speaker of the house of representatives and the president of the senate on all matters relating to law enforcement and public safety.

3. Prescribe reasonable minimum qualifications for officers to be appointed to enforce the laws of this state and the political subdivisions of this state and certify officers in compliance with these qualifications. Notwithstanding any other law, the qualifications shall require United States citizenship, shall relate to physical, mental and moral fitness and shall govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of this state. The board shall constantly review the qualifications established by this section and may amend the qualifications at any time, subject to the requirements of section 41-1823.

4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by paragraph 3 of this subsection. Training shall include:

(a) Courses in responding to and reporting all criminal offenses that are motivated by race, color, religion, national origin, sexual orientation, gender or disability.

(b) Training certified by the director of the department of health services with assistance from a representative of the board on the nature of unexplained infant death and the handling of cases involving the unexplained death of an infant.

(c) Medical information on unexplained infant death for first responders, including awareness and sensitivity in dealing with families and child care providers, and the importance of forensically competent death scene investigations.

(d) Information on the protocol of investigation in cases of an unexplained infant death, including the importance of a consistent policy of thorough death scene investigation.

(e) The use of the infant death investigation checklist pursuant to section 36-3506.

(f) If an unexplained infant death occurs, the value of timely communication between the medical examiner's office, the department of health services and appropriate social service agencies that address the issue of infant death and bereavement, to achieve a better understanding of these deaths and to connect families to various community and public health support systems to enhance recovery from grief.

5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.

6. Make inquiries to determine whether this state or political subdivisions of this state are adhering to the standards for recruitment, appointment, retention and training established pursuant to this article. The failure of this state or any political subdivision to adhere to the standards shall be reported at the next regularly scheduled meeting of the board for action deemed appropriate by that body.

7. Employ an executive director and other staff as are necessary to fulfill the powers and duties of the board in accordance with the requirements of the law enforcement merit system council.

B. With respect to state department of corrections correctional officers, the board shall:

1. Approve a basic training curriculum of at least two hundred forty hours.

2. Establish uniform minimum standards. These standards shall include high school graduation or the equivalent and a physical examination as prescribed by the director of the state department of corrections.

3. Establish uniform standards for background investigations, including criminal histories under section 41-1750, of all applicants before enrolling in the academy. The board may adopt special procedures for extended screening and investigations in extraordinary cases to ensure suitability and adaptability to a career as a correctional officer.

4. Issue a certificate of completion to any state department of corrections correctional officer who satisfactorily complies with the minimum standards and completes the basic training program. The board may issue a certificate of completion to a state department of corrections correctional officer who has received comparable training in another state if the board determines that the training was at least equivalent to that provided by the academy and if the person complies with the minimum standards.

5. Establish continuing training requirements and approve curricula.

C. With respect to constables, the board shall:

1. Approve a basic training curriculum.

2. Establish uniform minimum standards such as high school graduation or the equivalent.

3. Establish uniform standards for background investigations, including criminal histories under section 41-1750.

4. Issue a certificate of completion to any constable who satisfactorily complies with the minimum standards and completes the basic training program.

5. Establish continuing training requirements and approve curricula.

C. D. With respect to peace officer misconduct, the board may:

1. Receive complaints of peace officer misconduct from any person, request law enforcement agencies to conduct investigations and conduct independent investigations into whether an officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.

2. Receive a complaint of peace officer misconduct from the president or chief executive officer of a board recognized law enforcement association that represents the interests of certified law enforcement officers if the association believes that a law enforcement agency refused to investigate or made findings that are contradictory to prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section. If the board finds that the law enforcement agency refused to investigate or made findings that contradicted prima facie evidence of a violation of the qualifications established pursuant to subsection A, paragraph 3 of this section, the board shall conduct an independent investigation to determine whether the officer is in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section and provide a letter of the findings based on the investigation conducted by the board to the president or chief executive officer of the board recognized law enforcement association who made the complaint.

D. E. The board may:

1. Deny, suspend, revoke or cancel the certification of an officer who is not in compliance with the qualifications established pursuant to subsection A, paragraph 3 of this section.

2. Provide training and related services to assist state, tribal and local law enforcement agencies to better serve the public, including training for emergency alert notification systems.

3. Enter into contracts to carry out its powers and duties.

E. F. This section does not create a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation.

F. G. For the purposes of this section, "sexual orientation" means consensual homosexuality or heterosexuality. END_STATUTE