Chapter 0203 - 531R - H Ver of HB2472

House Engrossed

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

CHAPTER 203

HOUSE BILL 2472

AN ACT

amending section 15‑1897, Arizona Revised Statutes; relating to Private Postsecondary Institution Peace Officers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 15-1897, Arizona Revised Statutes, is amended to read:

START_STATUTE15-1897. Private postsecondary institutions; appointment of peace officers; powers; qualifications; liability

A. A private postsecondary institution that offers baccalaureate degrees and that has a dormitory on its campus with full‑time residents may appoint one or more persons to be designated by the private postsecondary institution as private postsecondary institution peace officers to aid and supplement the law enforcement agencies of this state in the protection of private postsecondary institution property and the persons and property of private postsecondary institution students, faculty and employees. While on or in private postsecondary institution property and engaged in the conduct of this employment, or while otherwise working in the furtherance of a bona fide criminal investigation and in conjunction and concurrent with any and all law enforcement‑related processes, actions or activities, including transporting and booking arrested persons, each appointed private postsecondary institution peace officer possesses and shall exercise all of the law enforcement powers of a peace officer in this state. Private postsecondary institution peace officers have the authority to use county courts and jails for the purpose of booking arrested persons in the county where the private postsecondary institution is located or where the arrest occurs.

B. A person who is appointed as a private postsecondary institution peace officer by a private postsecondary institution pursuant to subsection A of this section may enforce the law only on property that is under the control of the private postsecondary institution. The authority and jurisdiction of a law enforcement agency in this state is not preempted by a private postsecondary institution peace officer. A private postsecondary institution peace officer must notify the appropriate law enforcement agency in this state after making a felony arrest or beginning an investigation of a felony within the jurisdiction of that agency. A private postsecondary institution peace officer shall have at least the minimum qualifications prescribed by established pursuant to section 41‑1822 and must comply with all rules established by the Arizona peace officer standards and training board. The private postsecondary institution shall reimburse the Arizona peace officer standards and training board for all training expenses incurred by the board for a the private postsecondary institution and all audit expenses incurred by the board in reviewing the private postsecondary institution's compliance with peace officer and law enforcement standards that are established by the board. The private postsecondary institution shall file the name of each private postsecondary institution peace officer with the Arizona peace officer standards and training board on the date of the peace officer's appointment. If the proposed private postsecondary institution peace officer meets at least the minimum qualifications established under section 41‑1822, the Arizona peace officer standards and training board shall issue the appointee a certificate of authority to act as a peace officer and may thereafter revoke the certificate for good cause.

C. A private postsecondary institution peace officer who is appointed pursuant to this section is not eligible to participate in the public safety personnel retirement system based solely on the service provided to a private postsecondary institution. The private postsecondary institution is not eligible to receive funds monies from the peace officers' training fund established by section 41‑1825. Title 38, chapter 8, article 1 does not apply to a private postsecondary institution peace officer.

D. A private postsecondary institution that appoints a private postsecondary institution peace officer is liable for a the private postsecondary institution peace officer's acts that are within the scope of the officer's employment. This state and any political subdivision of this state is are not liable for any act or failure to act by any private postsecondary institution peace officer.

E. All records, reports or and other documentation made or received by a private postsecondary institution police department are public records and are subject to the provisions of title 39. END_STATUTE