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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1253 |
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AN ACT
Amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38‑1116; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1116, to read:
38-1116. Law enforcement officers; discipline; prohibited use of statements
A. Notwithstanding any other law, video evidence used in an investigation in regard to a use of force incident or an accident involving a law enforcement officer that resulted in physical injury may not be the sole factual basis to impose discipline against the law enforcement officer.
B. In an administrative investigation of a use of force incident that resulted in serious physical injury, where a video was recorded by the law enforcement officer, the investigation is not complete until the officer has had an opportunity to view the video and provide a clarification statement. Nothing in this section prevents an agency from enacting a policy regarding an officer's review of that officer's video.
C. In an administrative investigation of a use of force incident that resulted in serious physical injury, where a video was recorded by the law enforcement officer, the law enforcement officer shall be read the following notice prior to giving a statement with respect to the incident:
Video evidence has limitations and may depict events differently than you recall. the video evidence is intended to assist your memory and ensure that your statement explains your state of mind at the time of the incident. Viewing video evidence may or may not provide additional clarity to what you remember. You should not feel in any way compelled or obligated to explain any difference in what you remember and acted upon from what viewing the additional evidence provides you.