Assigned to TPS                                                                                                                AS PASSED BY COW

ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1068

detention officers; arrest warrant; custody

Purpose

            Expands the settings under which a detention officer may execute an arrest warrant.

Background

            Current statute states that a detention officer may make an arrest at the jail where they are employed while operating in the officer's official capacity pursuant to a warrant. Statute defines detention officer as a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel (A.R.S. § 13-3907).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Grants arrest authority to a detention officer who has a warrant and is acting in official capacity at both of the following:

a) a hospital facility or a superior, justice or municipal court to which the officer is assigned; and

b) within a jail facility where a visitor is found to have an outstanding warrant.

2. Specifies that a person at a hospital facility must already be under law enforcement supervision or custody to be subject to arrest by the detention officer.

3. Allows a detention officer acting in an official capacity during a court proceeding to take custody of a person remanded into custody by order of a judicial officer.

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Specifies that a detention officer must be assigned to either a hospital facility or court and acting in the officer's official capacity in order to execute an arrest pursuant to a warrant.

2. Specifies that a person at a hospital facility is only subject to arrest by a detention officer if the person is already under law enforcement supervision or investigation.

Amendments adopted by Committee of the Wole

1. Specifies that a person must be under law enforcement supervision or custody while in a hospital facility for a detention officer to make an arrest pursuant to a warrant.

2. Adds clarifying specifications.

3. Makes technical changes.

Senate Action

TPS                 1/30/19      DPA     8-0-0

3^rd Read          2/12/19                    30-0-0

Prepared by Senate Research

February 14, 2019

ZD/HB/gs