Second Regular Session S.B. 1468
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1468
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-1897, Arizona Revised Statutes, is amended to read:
15-1897. 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. 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 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 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 monies from the peace officers' training fund established by section 41‑1825.
D. Title 38, chapter 8, article 1 does not apply APPLIES to a private postsecondary institution peace officer.
D. E. A private postsecondary institution that appoints a private postsecondary institution peace officer is liable for 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 are not liable for any act or failure to act by any private postsecondary institution peace officer.
E. F. All records, reports and other documentation made or received by a private postsecondary institution police department are public records and are subject to title 39.
Sec. 2. Section 38-1101, Arizona Revised Statutes, is amended to read:
38-1101. Definitions
In this article, unless the context otherwise requires:
1. "Appeal" means a hearing before a state or local merit board, a civil service board, an administrative law judge or a hearing officer.
2. "At will" means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.
3. "Disciplinary action" means the dismissal, the demotion or any suspension of a law enforcement officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer.
4. "Excusable neglect" means neglect or inadvertence that might be the act of a reasonably prudent person under similar circumstances.
5. "Good faith" means honesty of purpose and absence of intent to defraud.
6. "Investigative file" means the law enforcement agency's complete report and any attachments detailing the incidents leading to the disciplinary action.
7. "Just cause" means:
(a) The employer informed the law enforcement officer of the possible disciplinary action resulting from the officer's conduct through agency manuals, employee handbooks, the employer's rules and regulations or other communications to the officer or the conduct was such that the officer should have reasonably known disciplinary action could occur.
(b) The disciplinary action is reasonably related to the standards of conduct for a professional law enforcement officer, the mission of the agency, the orderly, efficient or safe operation of the agency or the officer's fitness for duty.
(c) The discipline is supported by a preponderance of evidence that the conduct occurred.
(d) The discipline is not excessive and is reasonably related to the seriousness of the offense and the officer's service record.
8. "Law enforcement officer" means:
(a) An individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.
(b) A detention or corrections officer, other than a probationary employee or juvenile detention officer, who is employed by this state or a political subdivision of this state.
(c) A nonprobationary regularly appointed and paid deputy sheriff of a county.
(d) A nonprobationary regularly employed police officer in a city or town.
(e) A NONPROBATIONARY REGULARLY EMPLOYED PEACE OFFICER WHO IS APPOINTED BY A PRIVATE POSTSECONDARY INSTITUTION PURSUANT TO SECTION 15-1897 AND WHO IS CERTIFIED BY THE ARIZONA PEACE OFFICER STANDARdS AND TRAINING BOARD."
Amend title to conform