REFERENCE TITLE: cross-certification; federal peace officers; requirements

 

 

 

 

State of Arizona

Senate

Fifty-second Legislature

First Regular Session

2015

 

 

SB 1138

 

Introduced by

Senator Dial

 

 

AN ACT

 

amending section 13‑3875, Arizona Revised Statutes; relating to cross‑certification of federal peace officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 13-3875, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3875.  Cross-certification of federal peace officers; policy; powers; qualifications; liability; records

A.  The sheriff of each county shall develop and adopt a policy on cross‑certification of federal peace officers, including whether cross‑certification shall be permitted in that county.  The sheriff of each county shall not permit cross‑certification of federal peace officers unless the sheriff and the sheriff's deputies are authorized to enforce federal laws, including immigration laws.

B.  A federal peace officer who is employed by an agency of the United States and who has completed the basic training curriculum for the officer's agency shall possess and exercise all law enforcement powers of peace officers in this state for one year, including, if directed by the officer's employer, the capability to enforce the criminal laws of this state if the federal peace officer:

1.  Submits to the sheriff a written request for certification as a peace officer in this state.

2.  Submits evidence that the officer has been certified as a federal peace officer, is authorized by federal law to engage in or supervise the prevention, detection, investigation or prosecution of a violation of federal law and is authorized by federal law to make arrests, serve warrants and carry firearms.

3.  Has received a certificate from the Arizona peace officer standards and training board.

C.  Each federal peace officer who requests cross‑certification may submit to the sheriff a written request for certification as a peace officer in this state pursuant to subsection B of this section.  The cross‑certification remains in effect for one year from the date on which the certification was authorized by the sheriff.

D.  Neither the state nor any political subdivision is liable for any acts or failure to act by a federal peace officer.

E.  The Arizona peace officer standards and training board shall maintain records of all federal peace officers who are certified as peace officers in this state. END_STATUTE