ARIZONA STATE SENATE
RESEARCH STAFF
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ZACHARY DEAN |
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ASSISTANT RESEARCH ANALYST |
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JEFFREY ONG |
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LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 926 -3171 |
GOVERNMENT COMMITTEE
DATE: February 13, 2018
SUBJECT: Strike everything amendment to S.B. 1468, relating to private postsecondary officer; due process
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Purpose
Includes peace officers employed by private postsecondary institutions as law enforcement officers with all applicable due process laws.
Background
The peace officer's bill of rights was established to provide a framework for handling investigations into alleged misconduct by a law enforcement officer. If an officer is interviewed during an administrative investigation, and the officer reasonably believes the interview could result in dismissal, demotion or suspension, the officer has the right to: 1) have a representative at the interview; 2) be provided written notice that informs the officer of the investigation; and 3) consult with a representative at the conclusion of an interview (A.R.S. § 38-1104). An officer may appeal any disciplinary action and must cooperate and act in good faith with all witnesses pursuant to specified timelines and requirements (A.R.S. § 38-1106). Statute also provides certain rights to officers relating to polygraph examinations, records confidentiality and fitness for duty examinations (A.R.S. §§ 38-1108; 38-1109; and 38-1112).
Statute currently allows a private postsecondary institution that offers baccalaureate degrees and that has a dormitory on its campus with full-time residents to appoint one or more persons to be designated as peace officers to aid and supplement the law enforcement officers of this state (A.R.S. § 15-1897).
Law enforcement officer is defined as: 1) an individual who is certified by the Arizona Peace Officers Standards and Training Board; 2) a detention or corrections officer employed by the state; and 3) non-probationary regularly appointed deputy sheriffs of a county or employed police offices in a city or town (A.R.S. § 38-1101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Includes a non-probationary regularly employed peace officer who is appointed by a private postsecondary institution and who is certified by the Arizona Police Officer Standards and Training Board in the statutory definition of law enforcement officer.
2. Specifies that statute relating to law enforcement officers, including the peace officer's bill of rights and disciplinary actions, applies to peace officers employed by a private postsecondary institution.
3. Makes conforming changes.
4. Becomes effective on the general effective date.