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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
court security officers; certification; powers
Purpose
Allows courts to employ certified court security officers and outlines powers of certified court security officers.
Background
The Arizona Supreme Court, administrative order (AO) 2005-32, grants the presiding judge of each county administrative supervision over the superior court, including all of its divisions and judges in the county (AO 2005-32). Additionally, the presiding judge exercises administrative supervision over the clerk of the superior court, justice courts and municipal courts within the county. This administrative supervision includes the authority to establish court security policies and procedures which may include protocols, technology, security personnel or architectural features necessary to provide for a safe work environment. Additionally, this security authority is delegated to municipal courts in cities without a court administrator or where the authority is not delegated to a court administrator.
AO 2015-104 establishes the Court Security Standards Committee (Committee) to conduct a survey on court security provisions in Arizona courts and develop recommendations on standards for courthouse and courtroom security (AO 2015-104). In 2016, the Committee issued a final report, which recommends mandatory court security standards and requires the presiding judge of each county to establish a Court Security and Emergency Preparedness Committee to set goals for the implementation of court security standards and the review of local security plans. These security standards include requirements related to entryway screening and training for court security officers. AO 2017-15 requires all courts to comply with the court security standards adopted by the Committee (AO 2017-15).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows each court to use certified court security officers to ensure the safety of judicial branch employees and facilities.
2. Requires the Arizona Supreme Court to certify court security officers.
3. Requires certified court security officers to be employees of the court.
4. Allows a certified court security officer, in the performance of the officer's duties, to:
a) detain a person, with reasonable cause, on the premises for a reasonable time to contact a law enforcement officer and maintain the safety and well-being of a person who is in a judicial branch facility, on judicial branch grounds or where a court is convening;
b) refuse to allow a weapon or unlawful material in a judicial branch facility, on judicial branch grounds or where a court is convening;
c) respond to threats and emergencies involving a judicial branch employee in a judicial branch facility, on judicial branch grounds or where a court is convening; and
d) receive information from a law enforcement agency regarding threats to a judicial branch facility, on judicial branch grounds or to a judicial branch employee.
5. Specifies that certified court security officers are not eligible for the following retirement plans if solely employed as a court security officer:
a) the Public Safety Personnel Retirement System;
b) the Public Safety Personnel Defined Contribution Retirement Plan;
c) the Public Safety Personnel Defined Contribution Retirement Plan Disability Program; and
d) the Corrections Officer Retirement Plan.
6. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Requires a certified court security officer to be an employee of the judicial branch.
2. Outlines authorized powers of a certified court security officer.
3. Makes technical changes.
Senate Action House Action
GOV 1/28/19 DP 7-0-0 JUD 3/13/19 DPA 7-3-0-0
3rd Read 2/11/19 30-0-0 3rd Read 5/27/19 49-11-0
Prepared by Senate Research
May 27, 2019
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