PREFILED JAN 05 2010
|
REFERENCE TITLE: peace officers; firearms; school grounds |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2041 |
|
|
|
Introduced by Representatives Kavanagh, Gowan: Senators Allen C, Allen S, Pearce R
|
AN ACT
amending section 38-1102, Arizona Revised Statutes; relating to peace officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-1102, Arizona Revised Statutes, is amended to read:
38-1102. Carrying of firearms by peace officers; exceptions; definitions
A. Notwithstanding any other law and except as provided pursuant to subsection B of this section, a peace officer shall not be prohibited from carrying a firearm if the peace officer is in compliance with the firearm requirements prescribed by the Arizona peace officer standards and training board.
B. A peace officer may be prohibited from carrying a firearm as follows:
1. In a jail, correctional facility or juvenile detention facility.
2. By order of:
(a) The presiding judge or justice when attending any court that is established pursuant to the constitution of this state or title 12, except if the peace officer is providing court security or responding to an emergency.
(b) A justice court when attending the justice court, except if the peace officer is providing court security or responding to an emergency.
(c) A municipal court when attending the municipal court, except if the peace officer is providing court security or responding to an emergency.
3. When the peace officer is relieved of duty and is under a criminal or administrative investigation.
4. When in a secured police facility.
5. When consuming alcohol at a licensed liquor establishment operated by this state, a county, a city or town or any other political subdivision of this state, except if the peace officer's employing agency authorizes the consumption of alcohol in the performance of the peace officer's duties.
6. In a location prohibited by federal law.
7. Pursuant to court order.
8. Pursuant to any state or federal law that makes the officer a prohibited possessor.
9. When in the judgment of the department head, or the department head's designee, the peace officer exhibits any impairment, including any physical or mental impairment that would cause concern for the well-being and safety of the officer, the officer's law enforcement agency, law enforcement agency employees or the community.
C. A law enforcement agency that employs a peace officer may establish rules that are consistent with this section. The law enforcement agency may determine the number, type, model, caliber and brand of firearm and the ammunition that is carried by its peace officers on or off duty.
D. This section does not create any civil liability for acting or failing to act.
E. For the purposes of this section:
1. "Firearm" has the same meaning prescribed in section 13‑105.
2. "Peace officer" has the same meaning prescribed in section 1‑215.
3. "Political subdivision" includes any school district, charter school, community college district, public community college or university under the jurisdiction of the Arizona board of regents.
3. 4. "Relieved of duty" means when a peace officer is no longer required to perform, either temporarily or permanently, the duties for which the officer was employed.
4. 5. "Secured police facility" means a building or structure that is used primarily by a public agency and that is not accessible to the general public except by controlled access.