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REFERENCE TITLE: constables; duties; training; discipline |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2288 |
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Introduced by Representative Bowers
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AN ACT
amending sections 22‑131 and 22‑137, Arizona Revised Statutes; relating to constables.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 22-131, Arizona Revised Statutes, is amended to read:
22-131. 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 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. Constables, within their counties, shall serve and return all criminal summonses and subpoenas that are 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, shall govern the powers, duties and liabilities of constables.
E. A constable who is duly elected or who is appointed by the board of supervisors 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.
Sec. 2. Section 22-137, Arizona Revised Statutes, is amended to read:
22-137. 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.
(c) Instructing constables to take a particular action or to take educational classes.
(d) Urging a constable to retire from office.
(e) Suspending a constable from performing the constable's duties, with or without pay.
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 is not satisfied with the remedies prescribed in subsection A, paragraph 5 of this section, the board shall submit a report to the county attorney's office in the county in which the conduct at issue occurred.
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 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.
D. 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. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of additional training approved 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.
E. 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. for the purposes of this section, "constable" includes a deputy constable who is appointed, employed or authorized by the county board of supervisors.